2017-UNAT-789

2017-UNAT-789, Barakat

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant had not complied with his obligations under Article 2(1) of the UNAT Statute. UNAT held that there were no errors of law, fact, or procedure in the UNRWA DT judgment. UNAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant’s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to deny his request for a transfer. UNRWA DT dismissed the case in its entirety.

Legal Principle(s)

The function of UNAT is to determine if the first instance tribunal has made errors of fact or law, exceeded its jurisdiction or competence, or failed to exercise its jurisdiction, as prescribed in Article 2(1) of the UNAT Statute. The appellant has the burden of satisfying UNAT that the judgment rendered by the first instance tribunal is defective.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Barakat

Entity

UNRWA

Case Number(s)

2017-1073

Tribunal

UNAT

Registry Location :

New York