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For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal’s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.

Under the circumstances, the Tribunal finds that it is hamstrung by the lack of...

At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.

The Appeals Tribunal was satisfied that the UNDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work...

The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.   

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead’s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years. The UNDT also correctly held that the Administration had followed...

The UNAT held that, since Mr. Nigam based his interlocutory appeal on alleged errors of fact and law by the UNDT Judge President, with no allegation of the UNDT acting extra-jurisdictionally or similarly in excess of its jurisdiction, he must wait to exercise his right of appeal until a final decision has been made.

The UNAT concluded that an earlier UNDT Judgment contained neither any indication of bias by Judge Belle against Mr. Nigam, nor any criticism beyond what a reasonably informed observer might expect from a partly erroneous judgment and its subsequent appellate review.

The UNAT...

The UNAT held that Mr. Safi failed to discharge his burden in identifying in what respect and for what reasons the UNRWA DT erred in its Judgment.  Mr. Safi merely reiterated the same arguments that he had presented in his application to the UNRWA DT.  The UNAT stated that it is not its role to reexamine the staff member’s case anew, and accordingly, his appeal must fail.  The UNAT also observed that the UNRWA DT drew reasonable inferences from its extensive fact-finding exercise and delivered a well-reasoned judgment.

The appeal was dismissed, and Judgment No. UNRWA/DT/2023/011 was...

The UNAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week.  It further held that relevant considerations, including the staff member’s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded.  The UNAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The UNAT also found no merit in the staff member’s argument that the lack of...

The UNAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered.  In particular, the UNAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result.  The UNAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches “for several years” and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The Appeals Tribunal dismissed the appeal, finding that it was evident from a perusal of the appeal brief that Mr. Hammad did not argue that the UNRWA DT committed any error of fact or law. He merely presented the same arguments that he had already made in his application for revision before the UNRWA DT and failed to demonstrate how the UNRWA DT erred.  

The UNAT held that the staff member’s attempts to reargue her case failed to identify any reviewable error in the UNDT Judgment, warranting alone dismissal of her appeal.  In any event, regardless of the merits of her claim, the UNAT found that her application was time-barred under Article 8(4) of the UNDT Statute since she filed it 27 years after her receipt of the contested decision.  Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the UNAT concluded that the UNDT was correct to conclude that her application was not receivable.

The...

The UNAT considered an appeal by the staff member.

The UNAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The UNAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The UNAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The UNAT found that the UNDT had made an error of fact...