UNAT denied the request for an oral hearing. UNAT held that UNDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. UNAT agreed with UNDT that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that UNDT did not err in law or in fact in finding that the Appellant’s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that the issues relating to the conduct of the first test were of no relevance to the appeal and had no legal consequence because the first test and the proposed selection exercise had been cancelled. UNAT agreed with UNRWA DT that a selection process may only be challenged in the context of an appeal against the outcome of that process. UNAT found that UNRWA DT did not err in dismissing the first three grounds of the application. With respect to the second test, UNAT agreed with the finding of UNRWA DT that the Appellant was unable to contest the Agency’s decision to conduct a...
UNAT considered the Appellant’s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. UNAT referred to Article 9(1)(b) of the UNAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. UNAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. UNAT accordingly rejected the Appellant’s request for compensation. UNAT also referred to Article 9(2) of...
UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...
The UNRWA Commissioner-General appealed. UNAT held that the decisions not to grant Mr Abu Lehia sick leave for the specific time periods (28 March to 3 April 2016, 4 April to 17 May 2016, and 18 May 2016 to 7 June 2016) were not reasonable, given the specific factual circumstances of the case at hand and that these decisions were not a valid exercise of the Agency’s discretion. UNAT affirmed UNRWA DT’s findings and conclusions about illegality. UNAT held that the Commissioner-General failed to demonstrate any error in the UNRWA DT’s finding that the Agency’s decision not to grant Mr Abu Lehia...
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 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...
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...
As a preliminary matter, UNAT declined to receive the Appellant’s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before UNDT, or demonstrate its relevance and materiality. On the merits, UNAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. UNAT held that knowledge of the...
