51ÁÔÆæ

The UNAT held that the appeal was timely, as Article 11(5) of the UNRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the UNAT found that the UNRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the UNAT...

The UNAT held that the UNDT erred in dismissing both applications as not receivable. Regarding the first application, UNAT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the UNDT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.

As to the second application, UNAT held that the Administration¡¯s interpretation of the Settlement...

The UNAT held that the UNDT correctly determined that the former staff member¡¯s claims for compensation under Appendix D based on UNAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The UNAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The UNAT further held that the UNDT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The UNAT found that both elements of the Appendix D claim were premature and should have been declared...

The UNAT held that the UNDT did not err when it relied on ST/AI/20100/4/Rev.1 (Administration of Temporary Appointments) in finding that the staff member¡¯s performance evaluation was made in accordance with the procedural requirements in that Administrative Instruction. ST/AI/2021/4 (Performance Management and Development System) does not apply to Mr. Fagasinski¡¯s performance evaluation, because the aforementioned Instruction explicitly states that it does not apply to temporary appointments.

The UNAT found that the purpose of the performance evaluation was not to reexamine whether Mr...

The UNAT held that the UNDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The UNAT found that the UNDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The UNAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The UNAT further held that the UNRWA...

The UNAT determined that the decision to maintain the staff member¡¯s performance rating ¡°C ¨C Partially meets expectations¡± constituted a reviewable administrative decision that had direct legal effect on his employment. It observed that under the applicable legal framework, a rating of ¡°Partially meets expectations¡± justifies a determination that a salary increment is not warranted, and that the increment shall be withheld pending the outcome of a PIP. The UNAT considered these consequences to be disadvantageous effects resulting directly from the rating.

The UNAT also concluded that the...

The UNAT held that the staff member¡¯s claims of fraudulent manipulation of his electronic leave records failed for want of proof.

The UNAT further held that the UNDT erred by leaving crucial factual issues unresolved, which made it impossible to determine the appeal fully. The UNAT found that the tables summarizing the staff member¡¯s sick leave records were not hearsay but qualified as business records entitled to a presumption of accuracy unless rebutted. However, the UNAT was not satisfied that these records were accurate and noted unresolved inconsistencies. Accordingly, the UNAT further...

The UNAT disagreed with the UNDT¡¯s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior UNDT case concerning ABE. The UNAT considered it clear that the issues before the UNDT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the UNDT in the case on appeal. The UNAT thus agreed with the conclusion of the UNDT that ABE¡¯s application was not receivable, but it came to this conclusion for different reasons.

The...

The UNAT held that the UNDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other UNHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...