2021-��AT-1158

��AT Held or ��DT Pronouncements

The ��RWA DT acknowledged that the imposed disciplinary measure of separation from service without termination indemnity is one of the most severe disciplinary measures that the Agency can impose on a staff member. Nevertheless, it decided that, given the Appellant��s misconduct in committing corporal punishment to a disabled and highly vulnerable child, and the Agency��s clear zero-tolerance policy towards corporal punishment, the disciplinary measure imposed on the Appellant appeared to be neither absurd nor arbitrary; nor was there any evidence that the measure taken had been tainted by extraneous reasons or bias.

Decision Contested or Judgment/Order Appealed

��RWA/DT/2020/052, in which ��RWA DT rejected Mr. Al Dirawi��s application contesting the decision to separate him from service without termination indemnity for having inflicted corporal punishment on a disabled student.

Legal Principle(s)

��RWA��s Staff Regulations 9.1, 10.2 and 10.3 give the Commissioner-General a wide discretion to impose disciplinary sanctions, including termination, for misconduct. ETI No. 1/08 clearly prohibits corporal punishment as misconduct that is subject to severe disciplinary measures including termination.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed; ��RWA DT Judgment affirmed.

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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

Hassam Abd Alrhman Al Dirawi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement