¹ú²úAV

UNAT held that UNRWA DT erred in law or in failing to take into account in that calculation the probable length of Mr Dabbour’s tenure in that role which was known to have been of a fixed duration of three years. UNAT held that, although the UNRWA DT in Mr Dabbour’s case had recorded its conclusions on some of these considerations, it did not do so at all in respect of others making it difficult, if not impossible, to ascertain objectively how it reached the apparently modest figure of compensation in lieu of recission of USD 1,000. UNAT held that there was nothing to indicate why UNRWA DT did...

UNAT disagreed with UNRWA DT and found the supervisor’s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. UNAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor’s request...

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of UNRWA. This entity does not fall under the jurisdiction of the UNDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against UNRWA before the former UN Administrative Tribunal. Since the cause of action arose in UNRWA, the element of ratione materiae of the UNDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of...