2021-UNAT-1124

2021-UNAT-1124, Commissioner-General of UNRWA

UNAT Held or UNDT Pronouncements

UNAT found that the UNRWA DT did not err in concluding that the Agency had failed to observe its own regulatory framework and failed to act lawfully, reasonably and fairly in exercising its discretion. The discretion of the Commissioner-General to reject a request for these benefits such as EVS is not unfettered.

Decision Contested or Judgment/Order Appealed

UNRWA/DT/2020/037, in which UNRWA DT rescinded the decision to deny Mr. Othman’s request for exceptional voluntary separation (EVS) and awarded him an amount equivalent to his standard retirement benefits less any separation benefits already paid following his resignation.

Legal Principle(s)

The Commissioner-General established the criteria and priorities in writing in ACS A/6/2018 which is part of the regulatory framework. That framework (including ASC A/6/2018) does not state that not being on SLWOP or the essential nature of the post or the abolishment of the post are criteria for receiving EVS or to be used as factors in prioritizing EVS applications.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed; UNRWA DT Judgment affirmed.

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.

Full Judgment

Applicants/Appellants

Commissioner-General of UNRWA

Entity

Case Number(s)

Tribunal

Registry :