¹ú²úAV

On the decision to postpone the separation on medical grounds, UNAT noted that a staff member had a right to be compensated for a service-incurred injury. UNAT found that UNRWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), UNAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, UNRWA DT was correct that the decision to suspend him without pay, pending the outcome of the investigation, was properly and lawfully effected and that this decision was reasonable and lawful. UNAT held that the appeal succeeded in part. UNAT vacated UNRWA DT’s rejection of the complaints regarding the administrative decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process, rescinded the administrative decision, and remanded the case to UNRWA to consider whether the Appellant’s injuries were attributable to the performance of his duties.