2019-UNAT-972, Al Othman
UNAT held that UNRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. UNAT held that UNRWA DT erred in its assessment of the alleged victim’s credibility. UNAT held that, contrary to UNRWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. UNAT held that UNRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. UNAT held that UNRWA erred in its assessment of the Appellant’s credibility, in particular, by failing to find that his behaviour after the reporting of the incident undermined his credibility in any way. UNAT held that it was unable to decide the case itself based on the documentary evidence. UNAT remanded the case to a different judge of UNRWA DT for new consideration on the merits.
The Applicant contested his summary dismissal on the grounds of serious misconduct. UNRWA DT concluded that the facts upon which the Applicant was disciplined were not established by clear and convincing evidence. UNRWA DT rescinded the decision to summarily dismiss the Applicant and ordered in-lieu compensation corresponding to two years’ net base salary.
To overturn a finding of fact by UNDT, UNAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable.
No relief ordered; No relief ordered.