2017-UNAT-789

2017-UNAT-789, Barakat

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant had not complied with his obligations under Article 2(1) of the UNAT Statute. UNAT held that there were no errors of law, fact, or procedure in the UNRWA DT judgment. UNAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant’s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to deny his request for a transfer. UNRWA DT dismissed the case in its entirety.

Legal Principle(s)

The function of UNAT is to determine if the first instance tribunal has made errors of fact or law, exceeded its jurisdiction or competence, or failed to exercise its jurisdiction, as prescribed in Article 2(1) of the UNAT Statute. The appellant has the burden of satisfying UNAT that the judgment rendered by the first instance tribunal is defective.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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.

Full Judgment

Applicants/Appellants

Barakat

Entity

Case Number(s)

Tribunal

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