As regards the request for an oral hearing, the UNAT held that the UNRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The UNRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the UNAT agreed with the UNRWA DT and upheld...
Article 11
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Implied administrative decision
Fixed-term appointment
Appeals of final judgments
Subject matter (ratione materiae)
Oral hearings
Agreed termination
Administrative decision
Appointment (type)
Judgment-related matters
Jurisdiction / receivability (UNDT or first instance)
Procedure (first instance and UNAT)
Termination (of appointment)
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...