2014-Ģ��ƵAT-449

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Commissioner-General��s appeal. Ģ��ƵAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. Ģ��ƵAT found that Ģ��ƵRWA DT��s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. Ģ��ƵAT noted it was, thus, not necessary to consider the other grounds of appeal. Ģ��ƵAT allowed the appeal in part, set aside Ģ��ƵRWA DT��s judgment, and remanded the cases for a hearing de novo before a different Ģ��ƵRWA DT Judge, with leave for the Commissioner-General to participate in the proceedings and file a reply in each case.

Decision Contested or Judgment/Order Appealed

Ms Thweib submitted an application contesting the decision to place a note of misconduct on her record. Ms Al Hasanat submitted an application contesting the decision to issue her a written censure and to suspend her from duty without pay for one week for misconduct. Ģ��ƵRWA DT found that Ģ��ƵRWA breached Ms Thweib and Ms Al Hasanat��s rights of due process and failed to establish the facts on which it premised its accusations and findings of misconduct. Ģ��ƵRWA DT rescinded the impugned decisions and ordered that all references thereto be expunged from their official status files. Ģ��ƵRWA DT also awarded Ms Al Hasanat compensation equal to the salary loss she incurred during her one-week suspension without pay and for moral damages. Ģ��ƵRWA DT awarded Ms Thweib moral damages.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted

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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

Thweib & Al Hasanat

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement