2019-UNAT-938

2019-UNAT-938, Alhawi

UNAT Held or UNDT Pronouncements

Noting that the position in question remained vacant, UNAT held that the decision to leave the position vacant was an exercise of the discretionary authority of UNRWA DT and that there was no procedural irregularity or error of law within the exercise of that discretion. UNAT held that the Appellant did not meet the required burden to be heard on appeal, namely, he failed to identify any of the prescribed grounds of appeal. UNAT held that the Appellant was estopped from raising new arguments on appeal with respect to priority consideration and facts on enrolment which were not argued before UNRWA DT. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to appoint him to a specific position following the resignation of the incumbent. UNRWA DT dismissed the application and held that the hiring director properly exercised his discretion and competence.

Legal Principle(s)

An appellant is estopped from raising new arguments on appeal which were not argued before the first instance tribunal.

Outcome

Appeal dismissed on merits

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Full Judgment

Applicants/Appellants

Alhawi

Entity

Case Number(s)

Tribunal

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