2021-UNAT-1104

2021-UNAT-1104, George Naoum Azar

UNAT Held or UNDT Pronouncements

UNDT misapplied the law of mootness and erred in law in reaching the impugned Judgment, in that it omitted to follow an important passage in Kallon relating to the cautious approach in applying the law of mootness.

Decision Contested or Judgment Appealed

The decision to withhold final remuneration entitlements pending settlement of; indebtedness and withhold notification of separation from service to the pension fund

Legal Principle(s)

UNAT in Kallon included an important passage relating to the cautious approach that must be taken to applying the law of mootness to dismiss cases without hearing them on their merits. While it was a discretionary power for the Administration to withhold separation payments and to not forward the documentation to the pension fund, it does not mean that its exercise in Mr Azar’s case was lawful. Considerations such as proportionality of its exercise, both as to the amounts withheld and the length of their retention, are open to judicial review and there may well be other grounds of challenge.

Outcome

Appeal granted

Outcome Extra Text

Appeal granted, Judgment No. UNDT/2020/067 vacated, and Mr Azar’s claims for compensation for wrongful retention by the Administration of his entitlements upon his resignation were remanded to UNDT for a decision on their merits by a different Judge.

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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

George Naoum Azar

Entity

UNIFIL

Case Number(s)

2020-1394

Tribunal

UNAT

Registry Location :

New York