¹ú²úAV

2019-UNAT-971

2019-UNAT-971, Al-Refaea

UNAT Held or UNDT Pronouncements

UNAT held that the appeal was defective for failure to identify errors made by UNRWA DT. However, noting that the Appellant was self-represented, UNAT considered whether UNRWA DT erred in finding that UNRWA had properly exercised its discretion in transferring the Appellant. UNAT held that UNRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. UNAT upheld UNRWA DT’s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or capriciously, was motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or an error of law. UNAT held that UNRWA DT reasonably found that there was no obligation on UNRWA to ensure that every staff member involved in a restructuring process will be placed in their location of choice or that they would retain the same post for the rest of their employment. UNAT held that given the transfer had been accepted by the Appellant, and in the absence of any duress or undue influence at the time of his acceptance of that offer, it would be inequitable to allow the Appellant to go back on his acceptance. UNAT held that UNRWA DT’s finding did not result in a manifestly unreasonable decision. UNAT held that there was no justification for an award of compensation given that no illegality had been found. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to transfer him to another post as a result of the abolition of his post. UNRWA DT dismissed the application.

Legal Principle(s)

The Tribunals will only interfere and rescind or modify a sanction imposed by the Administration where the sanction imposed is blatantly illegal, arbitrary, adopted beyond the limits stated by the respective norms, excessive, abusive, discriminatory, or absurd in its severity.

Outcome
Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Al-Refaea
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type