2015-UNAT-598

2015-UNAT-598, Thweib

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. UNAT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the decision to grant the remedies she had sought. UNRWA DT had correctly found that it was at this point that the application had become moot. UNAT held that the Appellant’s other claims on appeal had no merit and that UNAT did not need to address them. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment Appealed

UNRWA DT: The Applicant contested the decision to keep the outcome of a wider investigation and the follow-up correspondence on record when the investigation was not progressed against her. UNRWA DT decided the matter in the Applicant’s favour, but the case was then appealed to UNAT. UNAT reversed the UNRWA DT decision and remanded the case back to UNRWA DT before a different Judge. The Respondent later rescinded the impugned decision. The Applicant filed a motion requesting leave to amend her application to seek compensation for material and moral damages. In judgment No. UNRWA/DT/2015/003, UNRWA DT found the Applicant’s application moot and dismissed it.

Legal Principle(s)

Left deliberately blank.

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

Thweib

Entity

UNRWA

Case Number(s)

2015-701

Tribunal

UNAT

Registry Location :

New York