¹ú²úAV

UNAT considered the appeal by the UNRWA Commissioner-General. UNAT confirmed the findings and conclusions of the UNRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member’s complaints. UNAT held that UNRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. UNAT held that UNRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. UNAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of power including sending performance evaluation-related emails and attempting to force the staff member to retire for health reasons, could be reasonably characterized as breaches of the Agency’s policies and regulations, meriting a finding of abuse of power and harassment. UNAT held that the requirements of Art. 2.1 of the UNAT Statute were not fulfilled since the impugned decision was not a manifestly unreasonable one due to an error of fact, law or procedure or an excess of jurisdiction, or the failure to exercise it. UNAT agreed with the rescission of the impugned administrative decision without an order for reinstatement since the staff member had been declared unfit to work for health reasons. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.