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Article 10

  • Article 1.2
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    • Showing 1 - 2 of 2

    2024-UNAT-1466, Fouad Moustafa El-Anani

    Temporal (ratione temporis) Legal representation Oral hearings Jurisdiction / receivability (UNDT or first instance) Legal services (OSLA or other) and self-representation Procedure (first instance and UNAT)

    The UNAT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

    The UNAT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the UNDT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...

    Full judgment
    Case digest

    2017-UNAT-779, Abu Hweidi et al.

    Procedure (first instance and UNAT) Oral hearings Staff selection (non-selection/non-promotion) Full and fair consideration

    ArUNAT held that UNRWA DT’s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, UNAT held that UNRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. UNAT held that the inference drawn by UNRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

    Full judgment
    Case digest