51ÁÔÆæ

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...

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...

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 UNDT did not err in dismissing the application as not receivable ratione temporis. UNAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. UNAT held that, with respect to the original decision, the Applicant did not file a request to UNDT to suspend or extend the deadlines for filing her application to UNDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. UNAT dismissed the appeal and affirmed the UNDT judgment.

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...

UNAT held that the case was distinguishable from Finniss (judgment No. 2014-UNAT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. UNAT disagreed with UNDT¡¯s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. UNAT held that in order to exclude the Deputy CEO¡¯s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated 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...

The Applicant filed a second application for interpretation of judgment No. 2017-UNAT-774 and an application for execution of judgment No. 2018-UNAT-827. Subsequently, the Applicant requested leave to withdraw these two applications. UNAT granted leave to withdraw the applications and directed the Registrar to close the cases.

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, UNAT noted that the presence of two directors from the Education Department on the interview panel did not offend UNRWA¡¯s regulatory framework. UNAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. UNAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

UNAT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that UNRWA DT committed an error in deciding that her application was not receivable. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.