2012-UNAT-193

2012-UNAT-193, Al Sayyed

UNAT Held or UNDT Pronouncements

UNAT considered Mr Al Sayyed’s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, UNAT held that UNRWA did not err in dismissing Mr Al Sayyed’s appeal against his termination on the basis that there was no termination decision capable of review. UNAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

UNRWA decision: Mr Al Sayyed contested the decision to terminate his service with UNRWA. The UNRWA Commissioner-General rejected this appeal and held that Mr Al Sayyed’s employment relationship with UNRWA ended as a result of his decision to opt for early retirement and not as a result of the termination.

Legal Principle(s)

When an Applicant’s appointment is terminated by their voluntary action, rather than as the result of any wrongful act of the Respondent, there is no basis for the Applicant’s claims and all relief sought is refused.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Al Sayyed

Entity

Case Number(s)

Tribunal

Registry :