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...
Article 10
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Disciplinary matters / misconduct
Disciplinary measure or sanction
Dismissal/separation
Termination (of appointment)
Disciplinary sanction
TEST -Rename- Benefits and entitlements-45
Special Post Allowance
Compensation
Non-pecuniary (moral) damages
Jurisdiction / receivability (UNDT or first instance)
Manifest excess of jurisdiction
UNAT considered the Secretary-General's appeal, specifically as to whether UNRWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, UNAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. UNAT held that there was no room for UNRWA DT to substitute its decision...