2011-UNAT-142

2011-UNAT-142, El Khatib

UNAT Held or UNDT Pronouncements

UNAT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant’s retirement. UNAT noted the Appellant was also denied his post, which was abolished due to restructuring. UNAT held that the Appellant was not treated conscientiously and fairly and deserved compensation. UNAT granted the appeal in part and ordered that the Appellant be paid three months’ net base salary as compensation.

Decision Contested or Judgment Appealed

UNRWA decision: Mr El Khatib contested the abolition of his post and the delay in the payment of his annual salary increments. Contrary to the recommendation of the UNRWA Joint Appeals Board (JAB), which recommended compensation and an apology for Mr El Khatib, the UNRWA Commissioner-General dismissed the appeal.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal granted

Outcome Extra Text

Only financial compensation; Only financial compensation.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

El Khatib

Entity

UNRWA

Case Number(s)

2010-139

Tribunal

UNAT

Registry Location :

New York