2020-UNAT-1011, Abu Fardeh
UNRWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. UNRWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant’s service-incurred injury was unlawful. UNRWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board’s conclusion without clear and convincing medical evidence, by placing significant value on the medical certificates submitted by the Appellant after his examination by the Medical Board and by deciding that the chances of recovery and resumption of duty could be considered to be 75 percent. UNAT considered unlawful the conclusion of the UNRWA DT that the termination on medical grounds was unreasonable. UNAT granted UNRWA’s appeal. UNAT granted the Appellant’s appeal (in part), including reimbursement for translation costs.
The Applicant contested his termination on medical grounds. UNRWA DT found that UNRWA’s decision to convene a medical board less than five months after the Applicant’s service-incurred injury in order to evaluate his fitness for continued service was manifestly unreasonable, on the basis that UNRWA had failed to give the staff member adequate recovery time and there was no evidence that he would never recover. UNRWDT ordered rescission of the decision or payment of compensation in lieu.
The fundamental right of a staff member to full participation in the justice proceedings requires that he has an opportunity to receive a translation, not only of the reply of the respondent but also of the comments that the respondent could issue, especially if those comments contained rebuttal of the staff member’s allegations.
Only financial compensation.