51³Ô¹Ï

The UNAT noted that before the applicant became a staff member, he had been employed by UNRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The UNAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The UNAT found that upon each expiry of the applicant’s daily-paid service contract, it was successively renewed and he was bound by the Agency’s regulations and...

The UNAT upheld the UNRWA DT’s determination of the former staff member’s chances of selection for the position at one-fourth on alternative grounds. The UNAT held that the UNRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the UNRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...

The UNAT decided that mistakes in the way the summary dismissal decision was communicated to the appellant did not affect the fact that the real decision had ultimately been taken by the competent person in the Commissioner-General and not by any delegated authority.

It was undisputed that Mr. Mohammad was not afforded the opportunity to comment on the additional evidence produced against him after the re-opening of the investigation (two interviews of student B’s mother and student B). However, neither in his appeal nor in his initial application to the UNRWA DT did he point out any...

The UNAT held that the Appellant has failed to discharge her burden and has not demonstrated that the UNRWA DT committed any of the errors outlined in Article 2(1) of the UNAT Statute. It concluded that the Appellant relitigated arguments that failed before the UNRWA Dispute Tribunal and expressed her general disagreement with the impugned Judgment.

The UNAT held that the contested decision was a valid and lawful exercise of the Agency’s discretion. It found that the Agency reviewed and considered the Appellant’s request for telecommuting in accordance with the legal framework, i.e. Area...

UNAT held that UNRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the UNAT Statute. UNAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. UNAT held that the Appellant merely repeated arguments raised before UNRWA DT. UNAT accepted UNRWA DT’s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. UNAT held that UNRWA DT made fundamental errors of...

UNAT held that UNRWA DT was correct in applying Former UNRWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant’s pay-out and that UNRWA DT had not erred in this regard. UNAT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant’s situation had no merit and had been raised for the first time on appeal. UNAT held that the Appellant had failed to demonstrate that UNRWA DT had erred in finding that the Appellant’s terms and conditions of employment are governed solely and exclusively by the Agency...

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT’s determination as to the limits of its jurisdiction. UNAT...

UNAT held that UNRWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led UNRWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. UNAT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. UNAT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. UNAT held that there was no rule requiring...

UNAT agreed with the UNRWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant’s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, UNAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the UNRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the UNRWA DT’s role to review...

UNAT held UNDT erred in law with regard to its finding that the second decision to renew the Appellant’s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision). Nevertheless, UNAT held that this finding was not dispositive of the appeal in the Appellant’s favour, as his application was not receivable on the grounds of another basis of mootness. UNAT held that the contested decision to renew his fixed-term appointment by three months instead of two years did not constitute an appealable administrative decision for the simple reason that the...