¹ú²úAV

The UNAT held that the UNRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months’ non-payment of his salary. However, the UNAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months’ non-payment was timely, rendering his application partially receivable.

The UNAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that the UNDT correctly held that Mr. Qasem's application before the UNDT challenging the decision to place him on administrative leave with pay was filed untimely and was therefore not receivable ratione temporis. Furthermore, his application contesting the decision to conduct various investigations of him was not receivable ratione materiae in the absence of a request for decision review. 

The UNAT considered an appeal by the staff member.

The UNAT held that the UNRWA DT’s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The UNAT found that there was an error in the UNRWA DT’s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the UNRWA would have found her unsuitable for the role at the end of the probationary period.

The UNAT was of the view that the UNRWA DT’s methodology of fixing...

The Commissioner-General appealed.

The UNAT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract.  The fact that other persons subsequently sought to intervene on her behalf did not change that.

The UNAT found that Ms. Abou Salah’s subsequent correspondence, as well as correspondence written on her behalf...

The UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately.  It found that in this way, the UNRWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.

The UNAT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the UNRWA DT on 12 August 2022.  Therefore, it was obvious that he filed his application more than three years after his...

UNAT considered an appeal by Mr. Zaqqout. As regards an oral hearing, UNAT found that since the application was dismissed on grounds of receivability, Mr. Zaqqout’s arguments were not persuasive enough so as to justify an oral hearing at this stage. Some of the issues raised in the appeal were connected to the merits of Mr. Zaqqout’s application and did not meet the threshold of the receivability assessment. Since Mr. Zaqqout was made aware at the very early stage of the proceedings of the UNRWA’s allegation that he had been notified of the impugned decision on 30 December 2018, he should have...

UNAT considered an appeal by Ms. Matahen. UNAT held that her appeal was defective in that it failed to identify any of the five grounds set out in Article 2(1) of the Statute of the Appeals Tribunal as forming the legal basis of her appeal. With regard to Ms. Matahen’s written request for an extension of time to file an application, UNAT held that the UNRWA DT did not err in finding that her allegation that she had only found out on 17 August 2020 that another similar request for Early Voluntary Retirement had been granted by UNRWA, did not constitute an exceptional circumstance, namely, a...

UNAT noted that UNRWA DT’s analysis of whether Mr. Faour had timely requested review of the decision not to renew his contract, the UNRWA DT focused on Mr. Faour’s omnibus letter (of 17 December 2018) to his superior containing many complaints, including a request for review of his performance review, but no request for review of the contested decision (the non-renewal of his contract). UNAT found, however, that other correspondence from Mr. Faour that was within the statutory 60 days to request a decision review did fulfill the minimum criteria required by UNAT judgments: it identified the...

UNAT held that the determination of the Director of the Ethics Office that no retaliation had occurred constituted an administrative decision that went directly to the merits of the case and could not be subject to an interlocutory appeal. UNAT held that the appeal against the UNRWA DT order for production of document was not receivable, because it was interrelated to the alleged lack of jurisdiction. Noting that the Appellant would not be able to raise his issues in an appeal against the final judgment, as he did not file an application to UNRWA DT and UNRWA DT had not issued a judgment, UNAT...

UNAT held there was no error in the UNRWA DT’s finding that the application was time-barred. UNAT held that UNRWA DT has, in principle, the discretion to accept UNRWA’s late reply in circumstances where UNRWA has not filed a motion seeking leave to do so and without proprio motu ordering UNRWA to file a reply. Noting the Administration’s reply was due before the transitional period into the new system of justice began, UNAT held that UNRWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. UNAT held...