51³Ô¹Ï

The Tribunal agreed with the Respondent that the Applicant must comply with the requirements for filing an application set forth in paras. 5, 6, 22 and 23 of Practice Direction No. 4 with respect to the number of pages and content of Annexes in an application form.

The Applicant failed to comply with these provisions. Specifically, the Applicant filed, as an annex, 10 pages of arguments and facts beyond those set forth in the application form.

The Applicant was directed to file an amended application which was in compliance with paras. 5, 6, 22 and 23 of Practice Direction No. 4.

The Applicant failed to identify disputed facts for which the proposed testimony is relevant. Even assuming the facts as alleged by the Applicant regarding her future claims, it was clear that each decision would rise or fall on its own merits.

Directing the Applicant to file new claims in the case would cause undesirable delay in disposing of the case.

The UNAT first considered the staff member’s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY’s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The UNAT held that the UNDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the UNAT found that while a decision to place a note in the former staff member’s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the UNDT should have identified either decision as the contested decision, but erred in following the former staff member’s assertion that a termination decision was taken on 1 April 2022.

Nevertheless...

The UNAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant’s attorney’s personal circumstances.

The UNAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the UNAT found that the UNDT had erred in fact and law in dismissing Mr. Khan’s application as not receivable ratione temporis. It concluded that Mr. Khan’s exceptional circumstances—including severe flooding disrupting internet service and affecting his ability to access e...

The UNAT noted that before the applicant became a staff member, he had been employed by UNRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The UNAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The UNAT found that upon each expiry of the applicant’s daily-paid service contract, it was successively renewed and he was bound by the Agency’s regulations and...

The UNAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the UNAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The UNAT further held that these actions should be viewed in light of the continuous efforts...

The UNAT held that the Standing Committee of UNJSPB had appropriately found Ms. Briel ineligible to receive a widow’s benefit.

The UNAT found that Ms. Briel should have submitted her appeal to the UNAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the UNAT Registry. Nonetheless, the UNAT reviewed the merits of her appeal.

The UNAT found that, at the time of the late participant’s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

The UNAT noted that the UNDT had not erred when it established that the staff member had improperly used his employer-issued laptop to access sexually-explicit websites and engaged in multiple instances of unauthorized outside activities. The UNAT held that he had not obtained approval to continue being the majority shareholder and director of a company.

The UNAT was of the view that the UNDT had not erred when it found that the staff member’s activity constituted misconduct. The UNAT found that his contributions to the overall running of the business were material. The UNAT agreed with the...