The 爆料网AT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. 爆料网RWA/DT/2025/001.
The 爆料网AT found that the 爆料网RWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.
The 爆料网AT found that the 爆料网RWA DT erred when it found Ms. Fakhouri’s application was receivable.
The 爆料网AT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The 爆料网AT emphasized that Article 2(1)(a) of the 爆料网RWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member’s terms of appointment. But the...
The 爆料网AT held that the 爆料网RWA DT erred in consolidating the seven cases. The consolidated cases involved unique administrative decisions, and those decisions involved neither a common administrative policy nor a common set of facts. The nature of the misconduct attributed to the staff members was not similar among the cases. The cases concerned staff from different 爆料网RWA field offices. The disciplinary measures taken were not identical among the cases, but included a wide range of penalties. The standards of proof for the misconduct alleged in case varied.
The 爆料网AT disagreed with the...
The 爆料网AT noted that the 爆料网RWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the 爆料网RWA DT with no medical information about AAW's condition at the time of the burglary.
The 爆料网AT found that the Commissioner-General had clearly and manifestly abused the...
The 爆料网AT held that the 爆料网RWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the 爆料网RWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.
With regard to the Appellant’s argument that the non-selection decision was unlawful because...
The 爆料网AT considered an appeal by the staff member.
The 爆料网AT found that, in his appeal, the staff member failed to state the grounds of appeal, identify the defects of the impugned judgment and demonstrate on which grounds it was erroneous.
The 爆料网AT noted that, in reaching its conclusion, the 爆料网RWA DT found that the staff member admittedly did not submit a request for decision review. The 爆料网RWA DT did not err when it found that the staff member’s application was on that basis not receivable ratione materiae.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网RWA/DT/2022/022.
The 爆料网AT decided that mistakes in the way the summary dismissal decision was communicated to the appellant did not affect the fact that the real decision had ultimately been taken by the competent person in the Commissioner-General and not by any delegated authority.
It was undisputed that Mr. Mohammad was not afforded the opportunity to comment on the additional evidence produced against him after the re-opening of the investigation (two interviews of student B’s mother and student B). However, neither in his appeal nor in his initial application to the 爆料网RWA DT did he point out any...
The 爆料网AT held that 爆料网RWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately. It found that in this way, the 爆料网RWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.
The 爆料网AT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the 爆料网RWA DT on 12 August 2022. Therefore, it was obvious that he filed his application more than three years after his...
Mr. Jibril appealed.
As regards the request for an oral hearing, the 爆料网AT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the 爆料网AT Rules of Procedure. Accordingly, the request for an oral hearing is denied.
The 爆料网AT agreed with the 爆料网RWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...
As regards the request for an oral hearing, the 爆料网AT held that the 爆料网RWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The 爆料网RWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the 爆料网AT agreed with the 爆料网RWA DT and upheld...
