2013-惇蹋厙AT-326

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. 惇蹋厙AT held that 惇蹋厙RWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. 惇蹋厙AT recalled that it was not the role of 惇蹋厙DT to substitute its own decision for that of the Administration. 惇蹋厙AT recalled that, having established misconduct and the seriousness of the incident, 惇蹋厙AT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. 惇蹋厙AT upheld the appeal and vacated the 惇蹋厙RWA DT judgment.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA DT judgment: The Applicant contested the termination of his contract with 惇蹋厙RWA after his conviction and imprisonment for weapons possession. 惇蹋厙RWA DT found for the Applicant, setting aside the decision to terminate his service and ordered his reinstatement or, as an alternative, compensation in the amount equivalent to two years＊ net base salary.

Legal Principle(s)

It is not the role of 惇蹋厙DT to substitute its own decision for that of the Administration. Having established misconduct and the seriousness of an incident, 惇蹋厙AT cannot review the level of sanction imposed except in cases of obvious absurdity or flagrant arbitrariness.

Outcome

Appeal granted

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

Jibara

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement