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UNAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. UNAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held that the Appellant had failed in his grounds of appeal...

UNAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant’s motion. UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that UNRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the UNRWA DT. UNAT upheld the order of UNRWA DT to rescind the contested...

UNAT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by UNDT (by audio conference) as verified by UNAT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist UNAT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, UNAT held that the documents contained arguments already submitted, although phrased differently, and no...

Having decided that an oral hearing would not “assist in the expeditious and fair disposal of the case,” as required by Article 18(1) of the RoP, UNAT denied the Applicants’ request for one. UNAT also decided that the Appellants could not introduce additional evidence since that evidence had not been presented before UNRWA DT and no application had been made to UNAT to be allowed to submit that evidence on appeal. UNAT noted that an appeal is not receivable where an Applicant bypassed the jurisdiction of the first instance Judge, by directly lodging an appeal with the Appeals Tribunal against...

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...

UNAT held that UNDT did not err in the amount of compensation it awarded, having considered all relevant circumstances, including the mitigating factor of the Appellant securing new employment. UNAT held that UNDT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. UNAT held that UNDT did not err in law, and followed binding UNAT precedent, by refusing to award moral damages based solely on the Appellant’s testimony. UNAT noted that the Appellant had had the opportunity before UNDT to apply to adduce the relevant evidence but had...