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Article 2.5

  • Article 1.2(c)
  • Article 10.1
  • Article 10.2
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10.9
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.3
  • Article 11.4
  • Article 18
  • Article 18.1
  • Article 2
  • Article 2.1
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.10
  • Article 2.2
  • Article 2.2(a)
  • Article 2.3
  • Article 2.4(b)
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.8
  • Article 2.9
  • Article 2.9(a)
  • Article 2(b)
  • Article 2(c)
  • Article 2(e)
  • Article 24
  • Article 3.2
  • Article 4
  • Article 5
  • Article 6
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 8
  • Article 8.1
  • Article 8.1(c)
  • Article 8.1(d)(i)(b)
  • Article 8.2
  • Article 8.3
  • Article 9
  • Article 9.1
  • Article 9.1(a)
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.5
  • Article 9(b)
    • Showing 61 - 64 of 64

    2021-UNAT-1151, Raed Mousa

    Disciplinary matters / misconduct Unauthorised outside activities and conflict of interest Evidence Admissibility

    UNAT considered an appeal by Mr. Mousa. On matters of procedure, UNAT found that the additional documentary evidence presented on appeal was inadmissible as Mr. Mousa had failed to demonstrate exceptional circumstances and had failed to seek leave to present such additional evidence as he was required to do in terms of Article 2(5) of the UNAT Statute. UNAT dismissed the appeal. UNAT found that that while Mr. Mousa had been disciplined for working while on sick leave from the Organization and without valid authorization, he on appeal again focused on the allegations of malpractice which had...

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    2021-UNAT-1141, Najway Yusef, Imad El Manasri, Rabie Abdulghani

    Administrative decision Notification Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae)

    UNAT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the UNRWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, UNAT held that it would review the merits of the appeal. UNAT held that the UNRWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the...

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    2021-UNAT-1135, Mohammad Tofazzel Hossain

    Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae) Performance management Rebuttal Procedure (first instance and UNAT) Oral hearings

    As a preliminary matter, UNAT declined Mr. Hossain’s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. UNAT held that UNDT erred in law by rejecting Mr. Hossain’s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. UNAT held that the UNDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. UNAT admitted on appeal the...

    Case digest

    2021-UNAT-1075, Nadeau

    Compensation Non-pecuniary (moral) damages Disciplinary matters / misconduct Evidence Compensation

    UNAT held that UNDT did not err in assessing the evidence presented. UNAT held that UNDT was correct in its finding that i) it would seem that the Appellant’s situation with his former FRO had actually been resolved since they no longer worked together; ii) the Appellant’s eventual temporary reassignment would appear to have been a very reasonable further solution to bring him out of an office environment in which he obviously continued to feel uncomfortable, and iii) it would fall within the Administration’s discretion whether to enact any of the three measures proposed by the Appellant. UNAT...

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