The UNAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the UNAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The UNAT further held that these actions should be viewed in light of the continuous efforts...
Field Technical Instructions No. 01/2016 (Lateral Transfers Initiated at the Request of Staff, Lebanon Field Office)
The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.
The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...
UNAT considered the Appellant’s appeal, requesting that the UNRWA DT judgment be vacated. UNAT agreed with UNRWA DT and upheld its findings that the Agency was entitled, under the provisions of paragraph 2 of FTI 01/2016, to fill the concerned post by means of a lateral transfer of current staff members. UNAT also agreed with, and upheld, the ruling that it was not within the remit of UNRWA DT to pronounce on the exercise of the Agency’s discretion in deciding on the lateral transfers unless there is evidence that the discretion was exercised arbitrarily or unlawfully. UNAT found that there...
UNAT considered an appeal of judgment No. UNRWA/DT/2019/070 by the Commissioner-General of UNRWA. UNAT held that UNRWA DT did not commit any error when it concluded that UNRWA had failed to consider the Applicant’s personal and humanitarian reasons in the impugned decision. UNAT held that UNRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General’s discretion. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.