51ÁÔÆæ

At the outset, the UNAT noted that the staff member¡¯s sole challenge on appeal concerned the lawfulness of the sanction imposed on her, which merely repeated contentions she had already raised before the UNRWA DT. For example, she argued that the imposition of fines was inconsistent with human rights and ILO directives on receiving pay for work delivered. The UNAT held that, although the UNRWA DT did not expressly address this argument, it had no chance of success, as the applicable legal framework explicitly lists fines as one of the possible sanctions that may be imposed on UNRWA staff...

The UNAT held that the UNRWA DT did not err in finding that the former staff member¡¯s application was not receivable ratione materiae.The UNAT found that DIOS had no decision-making authority in addressing the substance of his complaint of retaliation and that it undertook its investigation merely as a step in the investigative process that did not amount to a reviewable administrative decision.

Similarly, the UNAT found that the Ethics Office¡¯s determination that it had not been established that retaliation had occurred, and its subsequent closure of the file without further investigation...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The UNAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The UNAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The UNAT held that the UNRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months¡¯ non-payment of his salary. However, the UNAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months¡¯ non-payment was timely, rendering his application partially receivable.

The UNAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

The UNAT noted that the staff member¡¯s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The UNAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency¡¯s burden to show that the request had been given full and fair consideration was satisfied. The UNAT found that the staff member had not discharged the burden of...

The UNAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the UNAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The UNAT further held that these actions should be viewed in light of the continuous efforts...

The UNAT held that the UNRWA DT rightly identified that the standard of proof for placing the staff member on ALWOP was whether there was reasonable suspicion or reasonable grounds to believe that the staff member had committed the alleged misconduct.

The UNAT rejected the staff member¡¯s argument that his ex-wife¡¯s withdrawal of the complaint against him in a national court should have stopped all investigations against him. The UNAT noted that the national court had provided the case records to the Agency, and the Agency, following its complete assessment of the situation, can proceed with...

The UNAT upheld the UNRWA DT¡¯s determination of the former staff member¡¯s chances of selection for the position at one-fourth on alternative grounds. The UNAT held that the UNRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the UNRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...

The UNAT held that none of the factors that the UNRWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively. The UNAT found that the former staff member¡¯s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The UNAT held that the UNRWA DT erred in awarding in-lieu compensation above the...