51ÁÔÆæ

UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...

The UNRWA Commissioner-General appealed. UNAT held that the decisions not to grant Mr Abu Lehia sick leave for the specific time periods (28 March to 3 April 2016, 4 April to 17 May 2016, and 18 May 2016 to 7 June 2016) were not reasonable, given the specific factual circumstances of the case at hand and that these decisions were not a valid exercise of the Agency¡¯s discretion. UNAT affirmed UNRWA DT¡¯s findings and conclusions about illegality. UNAT held that the Commissioner-General failed to demonstrate any error in the UNRWA DT¡¯s finding that the Agency¡¯s decision not to grant Mr Abu Lehia...

The Appellant sought reversal of the UNDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. UNAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. UNAT held that the Appellant failed to submit a request for management evaluation. UNAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. UNAT dismissed the appeal and...

UNAT held that the Appellant did not meet her burden of proving that UNDT clearly exceeded its jurisdiction or competence when it reassigned the cases. UNAT held that the UNDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the UNDT¡¯s jurisdiction. UNAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. UNAT held that UNDT did not clearly exceed its jurisdiction and the appeals were not receivable. UNAT also noted that it does...

UNAT held that the Appellant failed to identify grounds for his appeal. UNAT held that the Appellant¡¯s case was fully and fairly considered. UNAT held that UNRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. UNAT held that the decision to terminate the Appellant¡¯s appointment on medical grounds was a reasonable and valid exercise of UNRWA¡¯s discretion. UNAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...

As a preliminary matter, UNAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before UNDT, or demonstrate its relevance and materiality. On the merits, UNAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. UNAT held that knowledge of the...

UNAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. UNAT held that the UNDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. UNAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant¡¯s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

As preliminary matters, UNAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by UNAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

UNAT held that the Appellant¡¯s case was fully and fairly considered by UNRWA DT. UNAT found no error of law in UNRWA DT¡¯s decision. UNAT held that UNRWA DT properly reviewed the contested decision in accordance with the applicable law. UNAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. UNAT held that, by applying objective criteria in the reduction of the staffing levels, UNRWA adhered to the principles of equality...