¹ú²úAV

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 agreed with UNRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, UNAT held that, contrary to UNRWA DT’s finding, the Administration has the discretion to deny a request to extend a staff member’s service beyond retirement only in exceptional cases and on account of the interests of UNRWA, which must be reflected clearly and precisely in the reasoning for the decision. UNAT held...

UNAT noted that there had been a policy change in 1997 which meant that staff members who requested pension as a result of an accident suffered in the service of the Organisation post-1997 were granted it with the proviso that it would only be paid until they retired. UNAT held that, as the Appellant’s accident occurred long after the policy change in 1997, the changed policy was applicable. UNAT held that as the Appellant had reached retirement age at the time of the incapacitating injury, his appeal had to be dismissed. UNAT dismissed the appeal.

UNAT affirmed the UNRWA DT decision that the application was not receivable as consistent with UNRWA Area Staff Rule 111. 2 and Article 8 of the UNRWA DT Statute. On alleged errors in procedure, UNAT noted that the Appellant had no opportunity to challenge the untimeliness of the Commissioner-General’s reply before UNRWA DT, but that, since the Appellant had not demonstrated how the untimely reply affected UNRWA DT’s decision on receivability, UNAT found no merit on this ground. UNAT held that there was no error in UNRWA DT’s reasoning on the issue of EVR. UNAT held that, absent an appealable...

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...

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT’s determination as to the limits of its jurisdiction. UNAT...

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...

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...