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UNAT considered an appeal of the Judgment on the merits and a cross-appeal from the Commissioner-General on the receivability finding. UNAT held that the cross-appeal was receivable, however UNAT dismissed it in light of the Commissioner-General’s request that his cross-appeal not be examined should the appeal be dismissed and secondly, because UNAT did not detect any error in the UNRWA DT’s order which found that the application was receivable. On the merits of the appeal, UNAT held that Mr. AlMousa failed to establish any error in the UNRWA DT Judgment, although his appeal undoubtedly...

As a preliminary matter, UNAT declined Mr. Hossain’s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. UNAT held that UNDT erred in law by rejecting Mr. Hossain’s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. UNAT held that the UNDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. UNAT admitted on appeal the...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

Appeals dismissed, UNDT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision...

Appeals dismissed, UNDT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the...

Appeals dismissed, UNDT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the...

The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision remained not reviewable for...

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.

The Dispute Tribunal committed an error in procedure by relying on ex parte evidence in the form of three doctors’ notes, of which the Secretary-General received the translated copies only two days before the issuance of the impugned Judgment, in violation of audi alteram partem. The Dispute Tribunal failed to consider the “checks and balances to ensure transparency” instituted in established procedures as outlined in the Guidelines and the ability of the Applicant to raise timely concerns about potential bias after the interview. As there is no obligation to provide the names of the...

The UNRWA DT did not err when it found that Mustafa et al. had been informed of the impugned decision to deny a request to set their grade level at Grade 14 on 19 March 2018. Neither did it err when it found that the applications were not receivable, because the requests for decision review were submitted after the deadline.