Â鶹´«Ã½

The UNAT found that the UNRWA DT erred when it found Ms. Fakhouri’s application was receivable.

The UNAT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The UNAT emphasized that Article 2(1)(a) of the UNRWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member’s terms of appointment. But the...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT held that the former staff member’s challenge was to a recommendation of the Alternate Chair of the Ethics Panel, and as an ethics recommendation, it was not an administrative decision subject to judicial review. Thus, the UNDT correctly dismissed this part of the application as not receivable.

The UNAT further found that the Administration’s rejection of the March 2020 Alternate Chair’s report and recommendation could not have been understood by the Ethics Office to be a request to conduct a new review. The UNAT observed that the evidence before the UNDT was that the decision was...

The UNAT held that the UNDT erred in concluding that the staff member’s application was not receivable. It found that the staff member did, in fact, challenge an administrative decision which she claimed was in non-compliance with her terms of employment. Consequently, the UNDT had jurisdiction to decide whether or not to order the conduct of an investigation or take other courses of action concerning the staff member’s allegations and complaints. The UNAT concluded that, by instead finding the staff member’s application not receivable, the UNDT acted in contravention of Section 5.6 of Secre...

The UNAT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The UNAT also noted that he had not been promoted to the reclassified post before separation from service.

The UNAT found that the UNDT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not...

The UNAT held that the UNDT correctly determined that the non-selection decision was superseded and rendered moot by the Administration's subsequent rescission of the decision, which ended the selection process without anyone being selected for the position. It concluded that, from that moment, the non-selection decision ceased to have any legal effect and was no longer a live issue on which the UNDT had jurisdiction to pass judgment on.

The UNAT further affirmed that it was entirely within the Administration’s authority to rescind the non-selection decision given the procedural...

The UNAT held that the UNDT erred in suggesting that it was the former staff member’s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The UNAT further held that the Administration’s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration’s prerogative to make regarding the judicial proceeding. The...

The UNAT held that the staff member bore the burden of proving that the Secretary-General’s failures to address both the discriminatory policies of the host country and the alleged attempt of the law enforcement authorities of that host country to recruit him, constituted unilateral decisions taken by the Administration, which applied to him individually, and had direct legal consequences on his terms of appointment or contract of employment. The UNAT held that the staff member could not meet this burden because these issues fell within the realm of diplomacy, are subject to the rules of...

The UNAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The UNAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The UNAT concluded that the UNDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The UNAT was of the view that it was unclear what Covid-19...

The Tribunal held:

a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela UNDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.

b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.

c. The claim alleging prevention of the...