The theory of the actual employee aims at preserving the considered interest of the bona fide third party with his dealings with the administrative authorities, and not preserving the interests of those authorities or the employees themselves as usual in the laws. The Palestinian legislation did not address this theory and there is a difference between the actual employee and the actual government, where employees are considered The latter are legal employees with full competence and authority, and there are no real applications of the theory of the actual employee in the Palestinian judiciary, whether in Gaza or the West Bank, as the theory does not apply to most emergency practical cases in the Palestinian case that result from the hateful political division. This study recommends that the administrative judiciary should pay attention to the work of this theory whenever the good faith interest of others requires it. It also recommends not to cite this theory regarding the employees of Gaza after the division, as it does not apply to them on the one hand, and on the other hand, it does not help them in obtaining their rights as official employees. Directing graduate students to research this theory with their theses. And intensify research and awareness on administrative theories appropriate to the exceptional Palestinian situation.