2019-Ģ��ƵAT-905

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT rejected the Ģ��ƵRWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the Ģ��ƵAT Statute. Ģ��ƵAT held that the Appellant��s ground of appeal was without merit. Ģ��ƵAT held that the Commissioner-General was obliged to calculate the Appellant��s retirement benefits in accordance with the new Staff Rule and did so correctly. Ģ��ƵAT held that Ģ��ƵRWA DT did not commit any error of fact and law in arriving at its decision. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to calculate her retirement benefits according to the Occupational Health Salary Scale. Ģ��ƵRWA DT found that Ģ��ƵRWA correctly applied the rules applicable at the material time of her recruitment. Ģ��ƵRWA DT further held that it was not entitled to examine the Ģ��ƵRWA Commissioner-General��s authority in issuing Regulations and Rules and that the only way for an applicant to successfully challenge a Ģ��ƵRWA regulation or rule was to establish that the rule was in conflict with a higher principle established by the Ģ��Ƶ. Ģ��ƵRWA dismissed the application.

Legal Principle(s)

In the interests of justice, it is appropriate for Ģ��ƵAT to make allowances for the fact that a staff member is not legally represented in its assessment of whether he or she has properly identified any grounds of appeal.

Outcome

Appeal dismissed on merits

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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

Ghusoub

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement