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 held that the issues on appeal were whether the 爆料网RWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...
The Tribunal found that Mr. Issa’s application does not satisfy the stringent prerequisites for receivability under the 爆料网AT Statute, namely, that the decisive fact he now relies upon, that all 爆料网RWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.
The 爆料网AT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with 爆料网RWA’s directives to advise the Agency of his...
The 爆料网AT held that the 爆料网RWA Dispute Tribunal did not err in concluding that the former staff member’s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The 爆料网AT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January–June...
The 爆料网AT held that the 爆料网RWA Dispute Tribunal did not err in concluding that the former staff member’s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The 爆料网AT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January–June...
The 爆料网AT held that the 爆料网RWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months’ non-payment of his salary. However, the 爆料网AT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months’ non-payment was timely, rendering his application partially receivable.
The 爆料网AT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...
The 爆料网AT held that the appeal was timely, as Article 11(5) of the 爆料网RWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.
On the merits, the 爆料网AT found that the 爆料网RWA DT correctly identified the Agency’s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the 爆料网AT...
The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an 爆料网RWA staff member.
Furthermore, the Appeals Tribunal was satisfied that the 爆料网RWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously. The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four-pronged...
The 爆料网AT held that the 爆料网RWA 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 爆料网AT 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 爆料网AT further held that the 爆料网RWA...
The 爆料网AT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The 爆料网AT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.
The 爆料网AT found that the remedies available under Article 10(5) of the 爆料网RWA DT Statute allow the 爆料网RWA DT to rescind the contested decision or order...
