2018-UNAT-851

2018-UNAT-851, Nemrawi

UNAT Held or UNDT Pronouncements

UNAT considered the appeal. UNAT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. UNAT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that UNRWA DT committed an error of fact or law warranting intervention by UNAT. UNAT also found that the Appellant failed to demonstrate any error in UNRWA DT’s finding and had not provided any evidence in support of his claims that the Agency’s decision was arbitrary or prejudiced. UNAT accordingly dismissed the appeal and affirmed UNRWA DT’s judgment.

Decision Contested or Judgment Appealed

The Applicant contested the DUO/J’s decision to terminate his services. UNRWA DT found that, in making this decision, the Agency acted in compliance with UNRWA Area Staff Regulation 9.1 and with the informal and formal OTI process and the deadlines and extensions outlined in UNRWA Area Personnel Directive PD/A/23. UNRWA DT held that the Applicant’s underperformance and lack of improvement justified the decision to terminate his appointment. UNRWA DT dismissed the application in its entirety.

Legal Principle(s)

An appellant has the burden of establishing that a first instance judgment is defective within the meaning of Article 2.1 of the UNAT Statute.

Outcome

Appeal dismissed on merits

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

Nemrawi

Entity

UNRWA

Case Number(s)

2018-1139

Tribunal

UNAT

Registry Location :

New York