AV

2014-UNAT-459

2014-UNAT-459, Hamayel

UNAT Held or UNDT Pronouncements

UNAT considered the Commissioner-General’s appeal, which alleged that UNRWA DT erred in finding that the UNRWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. UNAT found that it was both logical and reasonable to expect the UNRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. UNAT noted that, even though Mr Hamayel had no lien on his post, the UNRWA Administration should have paid due regard to the interests of Mr. Hamayel and informed him when his post was advertised. UNAT affirmed UNRWA DT’s decision that the lapses on the part of the UNRWA Administration were arbitrary and unreasonable. However, UNAT found that UNRWA DT erred in awarding moral damages. UNAT noted that UNRWA DT found it “unsafe … to conclude on the basis of the evidence before it that the condition was either caused or aggravated by the stress which he undoubtedly suffered by the way he has been treated. ” UNAT found that the orders from UNRWA DT to rescind the decision to transfer Mr Hamayel and to reinstate him in his former post upon the expiration of the three-year fixed-term contract of his replacement were sufficient to give Mr Hamayel satisfaction. UNAT accordingly upheld the Commissioner-General’s appeal against the moral damages. UNAT affirmed UNRWA DT’s judgment subject to setting aside the award of USD 5,000 compensation for moral damages.

Decision Contested or Judgment/Order Appealed

Mr Hamayel contested the decision not to reinstate him to his post and his situation that if he declined the offer of a transfer, he would be declared redundant. UNRWA DT ordered the rescission of the decision to transfer him, his reinstatement and, upon expiration of the fixed-term appointment of his replacement, he was to be offered the next suitable and comparable post in his Office. UNRWA DT also ordered payment of USD 5,000 as moral damages.

Legal Principle(s)

The Commissioner-General has an obligation to act in good faith and comply with applicable laws. Mutual trust and confidence between the employer and the employee are implied in every contract of employment and both parties must act reasonably and in good faith.

Outcome
Appeal granted in part

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

Applicants/Appellants
Hamayel
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