¹ú²úAV

UNAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General’s argument that UNDT unduly fettered its discretion to award compensation in lieu of specific performance, UNAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, UNAT would not interfere with the discretion vested in UNRWA DT to decide on remedy. UNAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General’s argument that UNRWA DT erred in law in affirming its decision to rescind Ms. Rantisi’s transfer or that it unduly fettered its discretion. UNAT recalled that as there was no connection to appointment, promotion or termination, there was no requirement to set an amount of compensation as an alternative. UNAT held that UNRWA DT exercised its reasoned discretion to rescind the transfer and UNAT upheld that decision. On the issue of moral compensation, UNAT, having regard to all of the matters of which UNRWA DT was apprised, both in the course of the hearing on the merits and on remedies, and taking particular regard of the medical evidence, found no error of law or fact in the matter in which UNRWA DT assessed damages or the quantum thereof. UNAT dismissed the appeal and upheld the UNRWA DT judgment.