¹ú²úAV

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the investigation report, all the more so when one of the main reasons for his request was the allegation of conflict of interest and bias, which, he claimed, affected the administrative investigation that served as the basis for the termination of his contract. UNAT held that, when challenging a termination for disciplinary reasons, the staff member is entitled to review by him or herself the evidence used to support the conclusion of misconduct, to examine whether the fact-finding conducted by the Administration led to the conclusion and the impugned decision. UNAT held that the failure to provide the Appellant with the investigation report prejudiced his right to due process. UNAT annulled the UNRWA DT judgment and remanded the case for a de novo trial before a different UNRWA DT Judge.