2019-Ģ��ƵAT-972

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. Ģ��ƵAT held that Ģ��ƵRWA DT erred in its assessment of the alleged victim��s credibility. Ģ��ƵAT held that, contrary to Ģ��ƵRWA DT��s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. Ģ��ƵAT held that Ģ��ƵRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. Ģ��ƵAT held that Ģ��ƵRWA erred in its assessment of the Appellant��s credibility, in particular, by failing to find that his behaviour after the reporting of the incident undermined his credibility in any way. Ģ��ƵAT held that it was unable to decide the case itself based on the documentary evidence. Ģ��ƵAT remanded the case to a different judge of Ģ��ƵRWA DT for new consideration on the merits.

Decision Contested or Judgment/Order Appealed

The Applicant contested his summary dismissal on the grounds of serious misconduct. Ģ��ƵRWA DT concluded that the facts upon which the Applicant was disciplined were not established by clear and convincing evidence. Ģ��ƵRWA DT rescinded the decision to summarily dismiss the Applicant and ordered in-lieu compensation corresponding to two years�� net base salary.

Legal Principle(s)

To overturn a finding of fact by Ģ��ƵDT, Ģ��ƵAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable.

Outcome

Appeal granted; Appeal granted in part

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

Al Othman

Entity

Case Number(s)

Tribunal

Registry