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The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.  

Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously.  The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four...

The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said’s Official Status File.  In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the UNRWA DT was correct in finding that the second application was not...

The Appeals Tribunal found, in relation to Mr. Qasem’s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem’s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem’s application from consideration, this irregularity had no impact on the selection decision.  Considering Mr. Qasem’s performance, administrative and...

The UNAT held that none of the factors that the UNRWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively.  The UNAT found that the former staff member’s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The UNAT held that the UNRWA DT erred in awarding in-lieu compensation above the...

The UNAT held that the UNRWA DT erred in consolidating the seven cases.  The consolidated cases involved unique administrative decisions, and those decisions involved neither a common administrative policy nor a common set of facts. The nature of the misconduct attributed to the staff members was not similar among the cases.  The cases concerned staff from different UNRWA field offices.  The disciplinary measures taken were not identical among the cases, but included a wide range of penalties.  The standards of proof for the misconduct alleged in case varied. 

The UNAT disagreed with the...

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 noted that the UNRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the UNRWA DT with no medical information about AAW's condition at the time of the burglary.

The UNAT found that the Commissioner-General had clearly and manifestly abused the...

The UNAT held that the staff member’s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute.  It found that the facts raised by the staff member were not unknown to him before the issuance of the UNAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable.  The UNAT further held that the staff member’s arguments were irrelevant and reiterated those he previously advanced before the UNAT. 

The UNAT dismissed the application for revision.

Accountability Referral: The UNAT noted...

The UNAT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.

The UNAT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The UNAT found that the UNWRA DT had appropriately considered the time limit of six months reasonable. The UNAT concluded that the UNRWA DT had not erred in law or fact in holding that she should be paid the difference in salary and...

The UNAT found that an objective reading of the staff member’s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The UNAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The UNAT therefore held that the UNRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...