51ÁÔÆæ

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT¡¯s determination as to the limits of its jurisdiction. UNAT...

UNAT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. UNAT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, UNAT held that it was nothing more than a consequence of the earlier decision, which had already been...

UNAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. UNAT held that the Appellant¡¯s failure to object to the Respondent¡¯s late reply before UNRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant¡¯s claim that UNRWA DT erred when it did not permit him to file a rejoinder to the Respondent¡¯s reply, UNAT held that since the Appellant did...

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant¡¯s request for a copy of the...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, UNAT found no merit in the Appellant¡¯s arguments. UNAT was not persuaded that the Appellant suffered prejudice by UNRWA DT admitting the Commissioner-General¡¯s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, UNAT found that UNRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

UNAT considered the Commissioner-General¡¯s appeal, which alleged that UNRWA DT erred in finding that the UNRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. UNAT found that it was both logical and reasonable to expect the UNRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. UNAT noted that, even though Mr Hamayel had...

UNAT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before UNRWA DT to be non-receivable. UNAT further held that, even if it were to disregard the untimely submission of the application before UNRWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

As a preliminary matter, UNAT dismissed the Appellant¡¯s request for an oral hearing. On the merits, UNAT noted that he argued the same arguments that he put before UNRWA DT. UNAT found that UNRWA DT gave careful and fair consideration to the Appellant¡¯s arguments and weighed them against the facts of the case. UNAT found no fault with UNRWA DT¡¯s decision and held that the Appellant did not demonstrate that UNRWA DT erred in fact or law. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered the Commissioner-General¡¯s appeal. UNAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. UNAT found that UNRWA DT¡¯s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. UNAT noted it was, thus, not necessary to consider the other grounds of...

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...