Â鶹APP

The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT found that the UNRWA DT erred when it found Ms. Fakhouri¡¯s application was receivable.

The UNAT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The UNAT emphasized that Article 2(1)(a) of the UNRWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member¡¯s terms of appointment. But the...

The UNAT found that the procedures applied to fill the Position sought by the staff member were consistent with the applicable rules. Although the OCHA advertised the Position without any pre-determined restriction to rostered candidates, and received some 151 applications, it ultimately decided to select a rostered candidate, thereby excluding the staff member and many others from consideration. The UNAT held that the Administration was well within its prerogative to do so, as the plain reading of Section 9.5 of Administrative Instruction ST/AI/2010/3/Rev.1 (Staff selection system) grants...

The UNAT found that Article 9(4) of the UNDT Statute regarding the nature of the judicial review that the UNDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The UNAT found that...

The UNAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the UNAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The UNAT found that the suspension...

The UNAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The UNAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The UNAT found that the remedies available under Article 10(5) of the UNRWA DT Statute allow the UNRWA DT to rescind the contested decision or order...

The UNAT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The UNAT also noted that he had not been promoted to the reclassified post before separation from service.

The UNAT found that the UNDT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not...

The UNAT held that none of the reasons provided by Mr. Hejab, considered individually or collectively, were convincing enough to consider his case exceptional, so as to warrant the award of higher compensation than set by Article 10(5) of the UNRWA DT Statute.

The UNAT held that it is not unusual for an older staff member, particularly one who is close to retirement, to have difficulty in finding another job. Likewise, although there are difficult economic conditions where he lives, this is also not the type of factor that warrants compensation in excess of the statutory norm.

The UNAT held...

The Tribunal rescinded the decision not to select the Applicant for Job Opening # 214053 due to unlawful bias, with an alternative to pay Applicant two years of the difference in pay between his current position and the would have been new post, had he been selected in the challenged process.

Persuant toArticle 10.8 of the Dispute Tribunal Statute the Respondent¡¯s counsel is referred to the Secretary-General of the Â鶹APP for possible action to enforce accountability for his false statement and related misconduct in these proceedings, and to his national bar authority for such...