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The ±¬ÁÏÍøAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The ±¬ÁÏÍøAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the ±¬ÁÏÍøDT would have impacted the decision of the case.

The ±¬ÁÏÍøAT found that the staff member had not received a wrong performance rating and that the ±¬ÁÏÍøDT had not misrepresented or failed to give...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The ±¬ÁÏÍøAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The ±¬ÁÏÍøAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The ±¬ÁÏÍøAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the ±¬ÁÏÍøDT would have impacted the decision of the case.

The ±¬ÁÏÍøAT found that the staff member had not received a wrong performance rating and that the ±¬ÁÏÍøDT had not misrepresented or failed to give...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The ±¬ÁÏÍøAT noted that while Article 10(5)(b) of the ±¬ÁÏÍøDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT exceeded its jurisdiction in...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The ±¬ÁÏÍøAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøRWA...

The ±¬ÁÏÍøAT held that none of the reasons provided by Mr. Hejab, considered individually or collectively, were convincing enough to consider his case exceptional, so as to warrant the award of higher compensation than set by Article 10(5) of the ±¬ÁÏÍøRWA DT Statute.

The ±¬ÁÏÍøAT held that it is not unusual for an older staff member, particularly one who is close to retirement, to have difficulty in finding another job. Likewise, although there are difficult economic conditions where he lives, this is also not the type of factor that warrants compensation in excess of the statutory norm.

The ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøRWA DT, in its Judgment, had ordered the Commissioner-General to pay Ms. Smadi the difference between the salaries and associated entitlements between her Grade of HL6 and step and the Grade HL7 and step to which she was entitled from 1 August 2017.

The ±¬ÁÏÍøAT held that the language of the order was unequivocal, as were its terms. The ±¬ÁÏÍøAT found that it had been also clearly expressed in the ±¬ÁÏÍøRWA DT Judgment that the US Prime Rate should apply as of 30 May 2023. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT Judgment, in turn, had been unambiguously affirmed by the Appeals Tribunal...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT Judgment. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.

±¬ÁÏÍøAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...