Â鶹APP

UNAT dismissed the Appellant¡¯s request for an oral hearing prior to consideration of the appeal. UNAT also rejected the Appellant's claim that UNRWA DT was biased in ordering that the five applications be consolidated into a single judgment. With respect to the appeal itself, UNAT held that the appeal of the decisions denying disability benefits and finding the non-payment of termination claim not receivable, had no legal basis. Regarding the Appellant¡¯s challenge to the Commissioner-General¡¯s decision to render the findings of the medical board moot and not to pay him a disability benefit...

UNAT considered the Appellant¡¯s appeal of both UNRWA DT decisions. UNAT noted that UNRWA DT gave full consideration to the Appellant¡¯s claim that the transfer was a disguised disciplinary measure following allegations of her corporal punishment of students. UNAT noted that there was evidence that, prior to her transfer, the Chief, Field Education Programme had dismissed these allegations as unsubstantiated and it was not until almost two months after the transfer that the Jordan Field Office authorised an investigation. UNAT held that UNRWA DT therefore correctly concluded that the Appellant¡¯s...

UNAT considered both of the Appellant¡¯s cases in their judgment. UNAT held that it was not persuaded that UNRWA DT erred in deciding that the decision to close the cases arising from the Appellant¡¯s complaints was lawful. UNAT noted that UNRWA DT¡¯s decision was justified based on careful consideration of the Appellant¡¯s arguments and evidence gathered during the investigation. However, UNAT held that the characterization of the decision to terminate the Appellant¡¯s fixed-term appointment as a disciplinary measure tainted the process to such a significant degree that it rendered the decision...

UNAT considered whether UNRWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant¡¯s application was flawed by procedural irregularities. UNAT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before UNRWA DT. The Appellant¡¯s decision to sign the contract was binding on him as there was no evidence of duress. UNAT dismissed the appeal and affirmed UNRWA DT¡¯s judgment.

UNAT considered whether UNRWA DT made an error of fact, resulting in an unreasonable decision when it found that the Appellant submitted her request for decision review. UNAT found that the evidence showed that UNRWA DT did not make a factual error when it found that the request for decision review was made on 7 July 2014. UNAT noted that, as the request for decision review was submitted on 7 July 2014, the time for the Appellant to file an application for judicial review expired 120 days thereafter, on 4 November 2014. UNAT found that the Appellant¡¯s application for judicial review was not...

UNAT held that the Appellant introduced new elements for consideration on appeal that were not put forward at the trial level (Annex 4 (Post Classification Questionnaire Form), and the contentions about alleged procedural irregularities preceding the non-upgrading of the Appellant¡¯s post). UNAT held that the documents and arguments put forward for the first time were inadmissible. UNAT also held that the Appellant had failed to persuade UNAT that the impugned decision contained any error of fact or law that could warrant its reversal. UNAT agreed with UNRWA DT¡¯s finding that the...

UNAT held that there was merit in the Appellant¡¯s argument that the issue to be decided was not whether he was entitled or not to the SOA, but the refusal of its retroactive payment at the correct rate from the date of the signature of his post description. UNAT held that UNRWA DT erred when it failed to consider that the Appellant was contesting a specific decision denying him a retrospective payment of the higher SOA. UNAT held that UNRWA DT erred in law in deciding that the Appellant had failed to identify an administrative decision capable of being brought within the scope of judicial...

UNAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. UNAT held that there was no merit in the Appellant¡¯s claim that UNRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. UNAT held that the Appellant¡¯s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the UNRWA DT¡¯s error in calculating the time limits were misconceived. UNAT held that, regarding the procedure and timeline involved in challenging administrative decisions, former UNWRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant¡¯s contract as a teacher was terminated, was applicable. UNAT agreed with the...

UNAT held that, since the Appellant had not made an application to the UNRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. UNAT held that the Appellant had failed to establish in his appeal that it was unreasonable for UNRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.