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UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.  UNAT held that the UNRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.  

UNAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency.  An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

The UNAT first concluded that the UNDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence.  Second, the UNAT held that the UNDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability.  The UNAT held that the UNDT erred when it made this finding without any independent or medical evidence, and that the UNDT had relied on its own Internet research regarding various...

The UNAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute.  It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The UNAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

The UNAT considered an appeal by Mr. Dahoud.

The UNAT held that the UNRWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.  

The UNAT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit.  Nor does this medical...

The United Nations Secretary-General in not the Chief Administrative Officer of IOM, and IOM has not concluded a special agreement with the Secretary-General accepting the Dispute Tribunal’s jurisdiction. Instead, IOM falls under the jurisdiction of the Administrative Tribunal of the International Labour Organization.

As the Applicant’s request for management evaluation was not filed before submitting the application to the Dispute Tribunal in the present case, the Tribunal does not have the necessary subject-matter jurisdiction under staff rule 11.2. The challenge against the decision of...

The UNAT held that the ISA JAB was correct in determining that Ms. Nguyen was: (1) not entitled to a repatriation grant from ISA; (2) not entitled to payment for unused accrued annual leave, which was transferred to her subsequent employer, UNRWA; (3) not entitled to reimbursement for certain school supply expenses; and (4) not entitled to the non-removal allowance, which was a discontinued benefit. However, the UNAT also held that the ISA JAB erred in denying Ms. Nguyen a relocation grant, and erred in denying her the travel expenses and travel time from Kingston, Jamaica to New York.  The...

Decisions of UNSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.

AAF appealed.

The UNAT agreed with the UNDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The UNAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member’s due process rights, namely his or her possibility of challenging the administrative decision before the UNDT.  As the Secretary-General had...

The UNAT held that the Appellant has failed to discharge her burden and has not demonstrated that the UNRWA DT committed any of the errors outlined in Article 2(1) of the UNAT Statute.  It concluded that the Appellant relitigated arguments that failed before the UNRWA Dispute Tribunal and expressed her general disagreement with the impugned Judgment.

The UNAT held that the contested decision was a valid and lawful exercise of the Agency’s discretion.  It found that the Agency reviewed and considered the Appellant’s request for telecommuting in accordance with the legal framework, i.e. Area...

The UNAT considered an appeal by the Commissioner-General of the UNRWA.

The UNAT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member’s request in view of the increase in his managerial and budgetary duties and responsibilities.

The UNAT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the UNRWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.  

The UNAT noted that the...