UNAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. UNAT affirmed the Commissioner-General’s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, UNAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...
UNRWA Area Staff Regulations
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...
As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, UNAT found no merit in the Appellant’s arguments. UNAT was not persuaded that the Appellant suffered prejudice by UNRWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, UNAT found that UNRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...
UNAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the UNRWA DT judgment under appeal. UNAT held that UNRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. UNAT held that UNRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...
As a preliminary matter, UNAT found that there were no exceptional circumstances to warrant the granting of the Appellant’s motion for leave to file a reply to the Commissioner-General’s answer and denied the motion. UNAT held that the UNRWA’s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that UNRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. UNAT held that UNRWA DT correctly found that the application was not receivable ratione...
UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.
UNAT held that the Appellant failed to identify the grounds for his appeal and thus, the appeal was defective. UNAT inferred that the Appellant claimed UNRWA DT failed to exercise its jurisdiction. UNAT held that the legal conclusion of UNDT that the application before it was not receivable was unassailable. UNAT held that UNRWA DT did not err when it did not discuss whether the case was an exceptional case for extending, waiving, or suspending the deadline for the filing of the application. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
UNAT considered the Appellant’s appeals. UNAT did not find merit in the Appellant’s claims that UNRWA DT erred on questions of law and procedure by finding that the security situation and safety of staff was considered by the Administration based on the United Nations regulations concerning the safety of its staff members. UNAT held that the Appellants failed to demonstrate any errors in UNRWA DT’s finding that the Administration’s decision to assess and terminate their service resulted from a valid exercise of the discretionary power of the Administration and was not tainted by improper...
UNAT considered the Appellant’s appeal of both UNRWA DT decisions. UNAT noted that UNRWA DT gave full consideration to the Appellant’s claim that the transfer was a disguised disciplinary measure following allegations of her corporal punishment of students. UNAT noted that there was evidence that, prior to her transfer, the Chief, Field Education Programme had dismissed these allegations as unsubstantiated and it was not until almost two months after the transfer that the Jordan Field Office authorised an investigation. UNAT held that UNRWA DT therefore correctly concluded that the Appellant’s...