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The UNAT held that the Applicant’s application for revision did not comply with the requirements set out in Article 11(1) of the Appeals Tribunal Statute and Article 24 of the Appeals Tribunal Rules of Procedure.  Indeed, it concluded that there was no fact discovered after the issuance of the UNAT Judgment, which was unknown to the Appeals Tribunal and to the Applicant.  Rather, it found that his submissions basically repeat or add to the same arguments which were previously assessed by the Agency, the UNRWA DT and the Appeals Tribunal.  It concluded that the only new arguments advanced by...

The UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately.  It found that in this way, the UNRWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.

The UNAT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the UNRWA DT on 12 August 2022.  Therefore, it was obvious that he filed his application more than three years after his...

Mr. Jibril appealed.

As regards the request for an oral hearing, the UNAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification.  Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure.  Accordingly, the request for an oral hearing is denied.

The UNAT agreed with the UNRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Mr. Hassan appealed the UNDT judgment. 

The UNAT held that the Appellant failed to demonstrate that the UNDT erred in finding that his application was not receivable ratione personae.  UNAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member.  He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment.  Moreover, there was no offer of...

The UNAT considered an appeal by Mr. Dorji.

The UNAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal.  As the UNDT correctly held, Mr. Dorji’s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019.  Mr. Dorji’s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021. 

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2021...

The UNAT first addressed the staff member’s request for an oral hearing.  The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation.  The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence.  The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration.  The request for the oral hearing was denied. ...

The UNAT held that the supposedly unknown facts that Mr. Al Dirawi detailed in his application for revision of the UNAT Judgment focus on findings and conclusions in the UNAT Judgment with which he disagrees. Notably, these matters were considered in the original appeal and Mr. Al Dirawi basically submits a second appeal for a reassessment of the facts in his case, a remedy which is not available to the parties once the Appeals Tribunal has issued a final judgment. The UNAT thus held that Mr. Al Dirawi's application was not receivable.

The UNAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator.  The UNAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans.  The UNAT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The UNAT also found that Mr. Guenfoudi’s allegations that his...

The Applicant requested management evaluation on 27January 2023. The deadline for the management evaluation response was 13 March 2023. The Applicant filed his application on 13 February 2023, which was 28 days before the management evaluation response was due.

Consequently, the Tribunal found the application to be prematurely filed and therefore, not receivable.

The UNAT dismissed both the appeal and the cross-appeal.

As to the Secretary-General's cross-appeal against the UNDT's decision on receivability, the UNAT held that the UNDT was correct not to dismiss the claims as unreceivable, but to investigate their merits. 

Turning to the merits, the UNAT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The UNAT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...