Ãå±±½ûµØ

2019-UNAT-931

2019-UNAT-931, El-Awar

UNAT Held or UNDT Pronouncements

The Appellant’s appeal primarily challenged the decision of UNDT not to hold an oral hearing, purportedly denying him a fair trial and due process. UNAT noted that the reason for the decisions to temporarily limit the authority of the Applicant pending a management review was not in contention. UNAT held that the withdrawal of the delegations did not unduly detract from the Appellant’s core functions, though his discretion to interact with various stakeholders was significantly restricted and he was constrained by a firmer level of accountability and closer scrutiny of his performance. UNAT held that UNDT did not act improperly in the exercise of its discretion in terms of holding that further oral evidence would not assist in clarifying the issues in contention over and above identification of some inaccuracies, the resolution of which would not disturb the essential factual findings and the reasons for the decisions. UNAT held UNDT was correct in holding that the Executive Director was best placed to understand the legitimate managerial needs of the Organisation and enjoyed a margin of appreciation. UNAT held that the undisputed facts sufficiently demonstrated that there was a rational connection between the information available to the Executive Director, the reasons given for the contested decisions, and the purpose for which the decisions were taken. UNAT held that the decisions were tailored proportionally to the desired outcome without unduly restraining the Appellant from carrying out his job. UNAT held that the decisions were a legitimate, rational, and proportional exercise of the managerial prerogative. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested decisions to limit his authority. UNDT dismissed the application, finding that the contested decisions did not deprive him of the ability to function, rather they subjected him to stricter scrutiny by his superiors as a result of concerns about his conduct, which was perceived to be against the interests of UN-Habitat. UNDT held that the decisions taken were preventive, rational, and proportionate in view of the perceived risks.

Legal Principle(s)

In matters involving no disciplinary sanction, Tribunals are required to defer appropriately to the managerial process and to reasonable exercises of managerial discretion necessary to run, manage and operate the Organisation. Managerial decisions should be sustained, provided they are free from invidious or improper motivations and are based upon the exercise of reason and proper judgment.

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.

Applicants/ Appellants
El-Awar
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Document Topic/Theme :
Applicable Law