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On appeal, UNAT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. UNAT held that the Appellant had failed to provide any documentary or other evidence to the contrary. UNAT held that UNRWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. UNAT further held that UNRWA DT did not make an error of law in discounting the Israeli court’s evaluation of the Applicant...

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant’s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT’s reasoning. UNAT denied the Appellant’s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...

UNAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), UNJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. UNAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. UNAT held that it was satisfied that such a decision was a proper...

On the Appellants’ request for an oral hearing, UNAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, UNAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. UNAT held that: UNDT was competent to review its own competence or jurisdiction; UNDT correctly applied the jurisprudence of UNAT in the definition of...

UNAT held that both the ASC and APD bestow discretion on the Agency to pay an AAA. UNAT held that the two instruments, the ASC and the APD, were easily reconcilable. UNAT held that the ASC deals with the specific situation where an Area staff member acts in an International professional post, while the ADP deals with all other cases of acting appointments. UNAT held that there was no manifest intention or inevitable construction that the Agency intended to abrogate the specific policy in the ASC. UNAT held that UNRWA DT was correct in its finding that the ASC had not been implicitly abrogated...

UNAT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. UNAT stressed that it was not the task of the JAB or UNAT to conduct a fresh investigation. UNAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the UNAT RoP and no...

UNAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. UNAT held that there was no merit in the Appellant’s claim that UNRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that the Appellant had failed to submit his appeal to the AJAB in accordance with the time limits defined in ICAO’s Field Service Staff Rules. UNAT held that a submission of an appeal of the administrative decision to AJAB was a mandatory step in the first-instance procedure. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of an appellant which were not considered first by the AJAB as the “neutral first instance process”. UNAT further held that the Appellant had failed to comply with a mandatory step of the first instance...

UNAT held that the requirements for UNAT jurisdiction were fulfilled. UNAT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. UNAT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...