�山����

UNAT considered the Commissioner-General’s appeal, which alleged that UNRWA DT erred in finding that the UNRWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. UNAT found that it was both logical and reasonable to expect the UNRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. UNAT noted that, even though Mr Hamayel had no lien on his post, the UNRWA Administration should have paid due regard to the interests of Mr. Hamayel and informed him when his post was advertised. UNAT affirmed UNRWA DT’s decision that the lapses on the part of the UNRWA Administration were arbitrary and unreasonable. However, UNAT found that UNRWA DT erred in awarding moral damages. UNAT noted that UNRWA DT found it “unsafe … to conclude on the basis of the evidence before it that the condition was either caused or aggravated by the stress which he undoubtedly suffered by the way he has been treated. ” UNAT found that the orders from UNRWA DT to rescind the decision to transfer Mr Hamayel and to reinstate him in his former post upon the expiration of the three-year fixed-term contract of his replacement were sufficient to give Mr Hamayel satisfaction. UNAT accordingly upheld the Commissioner-General’s appeal against the moral damages. UNAT affirmed UNRWA DT’s judgment subject to setting aside the award of USD 5,000 compensation for moral damages.