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The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member’s due...

UNAT held that the appeal was not receivable because it was not filed within the deadline. UNAT held that there were no exceptional circumstances for it to waive the time limits. UNAT was not persuaded that the Appellant did not receive the UNDT judgment or any notification of the judgment, as he had actual knowledge of the judgment. UNAT held that the Appellant’s right to due process of law was not violated. UNAT held that the appeal was not receivable as it was time-barred. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered a writ of mandamus from Ms Wesslund, who requested that UNAT order UNDT to accept her applications. UNAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against UNDT Order No. 100 (NY/2013). UNAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to UNAT for an extension or waive of the applicable time limits, UNAT held that the appeal of the Order was not receivable ratione temporis. UNAT dismissed the...

UNAT considered appeals of both judgment Nos. UNRWA/DT/2014/026 (judgment on the merits) and UNRWA/DT/2014/051 (judgment on revision). UNAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. UNAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by UNRWA DT. UNAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. UNAT held that the fact upon which the Appellant had based his revision application did...

UNAT considered whether the Appellant filed his appeal within the applicable time limit. UNAT noted that the 60-day time limit to file an appeal expired on 11 April 2016 and the Appellant filed his appeal on 12 April 2016. UNAT held that the appeal was time-barred and that the Appellant did not request a waiver or extension of the deadline from UNAT. UNAT accordingly did not need to address the Appellant’s motion to submit additional evidence. Moreover, UNAT did not find any fault with UNRWA DT’s holding, as it was clear that the Appellant did not meet the criteria for selection, and it was...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General’s appeal had no merit, it...

UNAT considered an appeal by the Commissioner-General. UNAT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. UNAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, UNAT held that UNRWA DT did not have jurisdiction to award compensation for loss of earnings. UNAT held that any financial loss appears to be generated as the main cause and directly by the Director of UNRWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the UNRWA DT and that...

UNAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. UNAT waived the deadline for appeal and held the appeal to be receivable. UNAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before UNDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant’s claims relating to the use of and access to the closed-circuit television (CCTV) video...

UNAT considered an application for revision of Judgment No. 2020-UNAT-1055. UNAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the UNRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout’s application was dismissed.

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. UNAT held that the appeal of the Secretary-General was not time-barred. UNAT held that UNDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...