The UNAT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. UNRWA/DT/2025/001.
The UNAT found that the UNRWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.
The UNAT held that the UNDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.
The UNAT held that the UNDT erred in characterizing as too vague the allegation that the...
The UNAT held that the former staff member did not request an oral hearing during proceedings before the UNDT and thus cannot be allowed to do so on appeal. The UNDT as the trier of fact cannot be bypassed.
The UNAT found no error in the UNDT’s finding that the former staff member’s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.
The...
The UNAT held that the issues on appeal were whether the UNDT had clearly exceeded its jurisdiction or competence in issuing the impugned interlocutory case?management orders, and whether any alleged procedural errors were effectively irremediable by a final judgment or manifestly unreasonable so as to justify interlocutory review. It recalled that appeals against interlocutory orders are receivable only in rare and exceptional circumstances, and that matters relating to evidence, procedure, and trial conduct fall within the UNDT’s broad case?management discretion.
The UNAT found that the UNDT...
The UNAT held that the issues on appeal were whether the UNRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...
The UNAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the UNDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the UNDT Judgment in that same language. As he received the UNDT Judgment in French on 11 July 2025 and filed his appeal on 13 August 2025, the UNAT held that it was filed in a timely manner.
Nevertheless, the UNAT found that the former staff member’s application before the UNDT was not receivable. In this regard, the UNAT first rejected his contention...
The UNAT held that the UNDT did not err in finding that the former staff member’s application was not receivable.
Regarding the former staff member’s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the UNAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the UNAT further held that her ignorance or misunderstanding of the law...
The Tribunal found that Mr. Issa’s application does not satisfy the stringent prerequisites for receivability under the UNAT Statute, namely, that the decisive fact he now relies upon, that all UNRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.
The UNAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with UNRWA’s directives to advise the Agency of his...
The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration’s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.
The Appeals Tribunal dismissed the appeal and affirmed Judgment No...
The UNAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.
The UNAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the UNDT would have impacted the decision of the case.
The UNAT found that the staff member had not received a wrong performance rating and that the UNDT had not misrepresented or failed to give...
