2015-UNAT-541

2015-UNAT-541, Hasan

UNAT Held or UNDT Pronouncements

The Appellant appealed the UNRWA DT judgment failure to consider several points and to address compensation. UNAT held that the Appellant did not identify any of the requisite grounds in his appeal. UNAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to UNRWA DT. UNAT upheld the UNRWA DT’s decision not to award compensation on the basis that there was no evidence in support of the Appellant’s claim of psychological suffering. UNAT held that the Appellant’s case was fully and fairly considered by UNRWA DT. UNAT held that there was no error of law or fact in UNRWA DT’s decision. UNAT held there was no merit in the appeal. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment Appealed

UNRWA DT judgment: The Applicant contested his letter of censure and suspension for one week without pay for misconduct in the form of instigating a student to make a false complaint about another teacher. UNDT found for the Applicant, ordering the withdrawal of the letter of censure and reimbursement of the one week’s salary.

Legal Principle(s)

The need for compensation must be demonstrated by the evidence. Moral damages may not be awarded without specific evidence supporting the claim.

Outcome

Appeal dismissed on merits

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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

Hasan

Entity

UNRWA

Case Number(s)

2014-622

Tribunal

UNAT

Registry Location :

New York