2010-��AT-039

��AT Held or ��DT Pronouncements

��AT considered whether the Commissioner-General erred in adopting the JAB��s recommendation not to accept the Appellant��s withdrawal letter and whether the Appellant was entitled to compensation for moral and material damages. ��AT referred to Jordan Field Staff Circular No. J/17/97, which provides that withdrawal of resignations will normally not be accepted unless it is evident that such withdrawal is in the sole interest of the work. ��AT noted that the evidence on record revealed that the Appellant��s services were unsatisfactory. ��AT held that the Appellant provided no evidence of prejudice, improper motivation, procedural irregularity, or error of law in the taking of the decision not to accept his request for the withdrawal of his resignation. ��AT accordingly rejected the Appellant��s claim for damages. ��AT dismissed the appeal and affirmed the Commissioner-General��s decision.

Decision Contested or Judgment/Order Appealed

��RWA decision: The Applicant contested the decision to reject the withdrawal of his request for voluntary retirement. The ��RWA JAB concluded that the appeal was not receivable ratione materiae. The ��RWA Commissioner-General adopted the ��RWA JAB recommendation and dismissed the appeal.

Legal Principle(s)

Withdrawal of resignations will normally not be accepted, unless it is evident, that such withdrawal is in the sole interest of the work. A withdrawal of resignation requires the Director of ��RWA Operations�� prior approval.

Outcome

Appeal dismissed on merits

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

Maghari

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement