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Article 18.1

  • Article 1.2
  • Article 10
  • Article 10.1
  • Article 11.3
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  • Article 15
  • Article 16
  • Article 16.1
  • Article 17
  • Article 17.1
  • Article 18
  • Article 18.1
  • Article 18bis
  • Article 18bis.1
  • Article 19
  • Article 2
  • Article 20
  • Article 20.2
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  • Article 29
  • Article 29(a)
  • Article 29(b)
  • Article 3.1
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  • Article 31.1
  • Article 4.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
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  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(b)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 9
  • Article 9.4
    • Showing 101 - 104 of 104

    2021-UNAT-1175, Bhaskar Palit

    Abolition of post Termination Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae) Temporal (ratione temporis) Separation from service Termination of appointment (see also, Termination of appointment) Staff selection (non-selection/non-promotion) Interview Selection decision

    As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT’s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

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    2021-UNAT-1161, Asr Ahmed Toson

    Administrative decision Definition Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae) Non-renewal

    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UNDT erred in law with regard to its finding that the second decision to renew the Appellant’s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision).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...

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    2021-UNAT-1136, Abdulhamid Al Fararjeh

    Disciplinary matters / misconduct Disciplinary measure or sanction Sexual exploitation and abuse Due process Right to confront complainant Separation from service Termination of appointment (see also, Termination of appointment) Termination (of appointment) Disciplinary sanction

    UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

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    2021-UNAT-1076, Haidar

    Disciplinary matters / misconduct Dismissal/separation Sexual exploitation and abuse Sexual harassment Jurisdiction / receivability (UNDT or first instance) Manifest excess of jurisdiction Separation from service

    UNAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. UNAT denied the request for an oral hearing. UNAT held that UNDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. UNAT held that UNDT correctly concluded that the established facts legally amounted to serious misconduct. UNAT held that UNDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. UNAT found no error in UNDT’s finding that the measure of...

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