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PD A/10

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UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment lawfully and appropriately.

UNAT held that the UNRWA DT erred when it decided that the Appellant’s application was not receivable ratione materiae.  UNAT noted that the case was almost identical to Osama Abed & Eman Abed v. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (Judgment No. 2022-UNAT-1297).   Consistent with this Judgment, UNAT held that the placement of a letter reminding the Appellant of her obligation to behave at all times in a manner...

UNAT held that UNRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the UNAT Statute. UNAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. UNAT held that the Appellant merely repeated arguments raised before UNRWA DT. UNAT accepted UNRWA DT’s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. UNAT held that UNRWA DT made fundamental errors of...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...