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UNAT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before UNRWA DT to be non-receivable. UNAT further held that, even if it were to disregard the untimely submission of the application before UNRWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

On the issue of receivability, UNAT held that there was no merit to the Appellant’s claim that UNRWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. UNAT held that the Appellant’s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. UNAT rejected the Appellant’s contentions against the participation of the Commissioner-General in the proceedings and to file a...

As a preliminary matter, UNAT found that there were no exceptional circumstances to warrant the granting of the Appellant’s motion for leave to file a reply to the Commissioner-General’s answer and denied the motion. UNAT held that the UNRWA’s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that UNRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. UNAT held that UNRWA DT correctly found that the application was not receivable ratione...

UNAT considered appeals of both judgment Nos. UNRWA/DT/2014/026 (judgment on the merits) and UNRWA/DT/2014/051 (judgment on revision). UNAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. UNAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by UNRWA DT. UNAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. UNAT held that the fact upon which the Appellant had based his revision application did...

UNAT had before it an appeal of judgment No. UNRWA/DT/2014/017. UNAT noted that judgment No. 2013-UNAT-963 was a final judgment and therefore the Appellant’s case was res judicata, which meant that the Appellant was precluded from raising his claim again. UNAT held that UNRWA DT made no error in finding the Appellant’s application manifestly inadmissible and dismissing it without referring it to the Commissioner-General. UNAT held as unsustainable the Appellant’s claim that UNRWA DT erred in law when it considered his application was an application against judgment No. 2013-UNAT-363. UNAT held...

UNAT held that it could discern no error in UNDT’s computation of the applicable time limits. UNAT considered that the UNDT decision that it had no jurisdiction to consider the merits of the Appellant’s claim was reasonable and there were no grounds for overturning it. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT refused the Appellant’s motion to file additional pleadings, noting that the Appellant had not demonstrated any exceptional circumstances which would justify UNAT exercising its discretion to allow him to file additional pleadings. UNAT held that UNDT did not err in deciding that, since the Appellant had waited more than five years to finally contest the administrative decision, his application was not receivable. UNAT held that the UNDT correctly found that, even if it was minded to consider the application, it was barred from doing so by Article 8(4) of the UNDT Statute which provided...

UNAT held that there was no error in the UNRWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. UNAT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. UNAT held that UNRWA DT correctly held that the publication of interest...

UNAT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. UNDT/2014/061. On the Appellant’s additional filings and motions to submit additional pleadings, UNAT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant’s motion requesting UNAT to intervene in matters which fell outside the scope of the appeal, UNAT denied the motion. On the Appellant’s appeal of Order No. 63 (GVA/2014), UNAT rejected the appeal on the basis that her appeal grounds did...

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for Ãå±±½ûµØpurposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding...