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UNAT considered an appeal by Mr. Al Othman against UNRWA Judgment No. UNRWA/DT/2020/073. It also considered a cross-appeal by the Commissioner-General of UNRWA, to the extent that the Judgment awarded Mr. Al Othman compensation.

UNAT held that there was clear and convincing evidence established that Mr. Al Othman committed the alleged offences. The UNRWA DT conclusions were accurate, based on evidence on record and common knowledge and UNAT found no reason to differ from them. UNAT shared the UNRWA DT’s view that the only reasonable conclusion available to the trial Judge, resulting from the...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, UNAT agreed with UNRWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, UNAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. UNAT recalled the jurisprudence of the former UN Administrative Tribunal that different onuses and burdens of proof arise under...

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...

It was a reasonable exercise of the Commissioner-General’s discretion to determine that intentionally abusing a position of power and trust against a beneficiary of UNRWA in a vulnerable situation rendered Mr. Al Khatib unfit for further service with the Agency, and separation from service without termination indemnity was neither unfair nor disproportionate to the seriousness of the offence.  

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...