51ÁÔÆæ

UNAT considered an appeal by Mr. Mezyed. As a preliminary matter, UNAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, UNAT found that the UNRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, UNAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the UNRWA DT could not...

UNAT considered an appeal by Mr. Andrysek. UNAT dismissed the appeal and affirmed the UNDT Judgment.

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the UNDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the UNAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the UNDT has: (a) exceeded its...

UNAT granted the appeal by the Secretary-General and vacated the UNDT Judgment.

The Appeals Tribunal found that Mr. Karkara failed to show that the UNDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the UNDT did not make any errors with regard to the admissibility of witnesses. The UNAT further found that the UNDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the UNDT¡¯s findings into doubt. Accordingly, the UNAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The UNAT also held that the sanction of...

UNAT considered an appeal by Ms. Patkar. UNAT dismissed the Appellant's argument that the UNDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the UNOPS Administration had approved such leave. UNAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

UNAT held that the Appellant did not demonstrate any errors in the UNDT¡¯s finding that her application was filed one day late and was out of time. UNAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the UNDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the UNDT Judgment, UNAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT¡¯s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

UNAT held that there were no errors in the decision of the UNRWA DT that the Appellant¡¯s application was irreceivable. UNAT held the Appellant was notified of the decision not to shortlist him by e-mail of 14 November 2019. UNAT held that the Appellant¡¯s allegations regarding the abolishment of his post had no legal relevance for the appeal, which dealt only with issues of receivability. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...