2013-Ģ��ƵAT-326

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. Ģ��ƵAT held that Ģ��ƵRWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. Ģ��ƵAT recalled that it was not the role of Ģ��ƵDT to substitute its own decision for that of the Administration. Ģ��ƵAT recalled that, having established misconduct and the seriousness of the incident, Ģ��ƵAT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT judgment: The Applicant contested the termination of his contract with Ģ��ƵRWA after his conviction and imprisonment for weapons possession. Ģ��ƵRWA DT found for the Applicant, setting aside the decision to terminate his service and ordered his reinstatement or, as an alternative, compensation in the amount equivalent to two years�� net base salary.

Legal Principle(s)

It is not the role of Ģ��ƵDT to substitute its own decision for that of the Administration. Having established misconduct and the seriousness of an incident, Ģ��ƵAT cannot review the level of sanction imposed except in cases of obvious absurdity or flagrant arbitrariness.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Jibara

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement