51³Ô¹Ï

The UNAT held that the UNRWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the UNRWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

With regard to the Appellant’s argument that the non-selection decision was unlawful because...

UNAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. UNAT held that the Appellant’s failure to object to the Respondent’s late reply before UNRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that UNRWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, UNAT held that since the Appellant did...

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...

UNAT considered the Commissioner-General’s appeal. UNAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. UNAT found that UNRWA DT’s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. UNAT noted it was, thus, not necessary to consider the other grounds of...

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant’s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT’s reasoning. UNAT denied the Appellant’s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...