2021-UNAT-1139

2021-UNAT-1139, Jihad AbduGhani Oneis, Diab El-Tabari and Walid Abdullah

UNAT Held or UNDT Pronouncements

UNAT held that UNRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by UNRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant’s rights. However, UNAT held that the UNRWA DT’s Judgment dismissing the Appellant’s claim had to be upheld on grounds of lateness of their request for management evaluation. UNAT dismissed the appeals and upheld the UNRWA DT Judgment.

Decision Contested or Judgment Appealed

The Appellants contested the decision not to receive their challenges to UNRWA’s refusal or failure to pay salary allowances to them. UNRWA DT concluded that, as the Appellant’s had failed to prove that they had requested payment of the allowances, UNRWA had not made a reviewable administrative decision. UNRWA DT dismissed the applications as not receivable ratione materiae.

Legal Principle(s)

UNAT is limited by statute to certain grounds of appeal. UNAT is not competent to determine substantive issues which have not been examined by a first instance body.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

N/A

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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

Jihad AbduGhani Oneis, Diab El-Tabari and Walid Abdullah

Entity

UNRWA

Case Number(s)

2020-1445

Tribunal

UNAT

Registry Location :

New York