Article 2.1

The UNAT found that the UNRWA DT had correctly assessed the Agency’s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the UNAT agreed with the UNRWA DT’s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10. As the Appellants classified at Grade 9 did not meet this requirement, the UNAT held that the UNRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The UNAT further...

The UNAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the UNDT nor on appeal.

The UNAT held that even if ST/AI/2019/1 were applicable to UNHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The UNAT found no basis to overturn the UNDT’s determination that there had been no evidence of bias or conflict of interest in either the medical...

The UNAT noted that the impugned Orders denying the staff member’s requests for anonymity had been issued less than a month after the UNDT had granted his motion for anonymity in another case.

The UNAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The UNAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The UNAT...

The UNAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the UNAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The UNAT held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...

With respect to the alleged discriminatory and arbitrary application of ICAO Staff Rule 105.3 regarding overtime, the Appeals Tribunal was satisfied that the Appeals Board had made no error in finding that Mr. Alvear had failed to identify any specific appealable administrative decision, and that it therefore did not err in dismissing his application.

Turning to Mr. Alvear’s complaint that he did not receive the desk audit classification results for his position, the Appeals Tribunal found that the ICAO Appeals Board did err in finding the application not receivable since the Administration’s...

The Appeals Tribunal found that the UNDT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification. One of the educational requirements for the position was the LSS certification or an “equivalent certification”. In the present case, the UNDT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...

The UNAT noted that the UNRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the UNRWA DT with no medical information about AAW's condition at the time of the burglary.

The UNAT found that the Commissioner-General had clearly and manifestly abused the...

The UNAT agreed with the UNDT’s conclusion on the receivability of the application but suggested that the UNDT should have applied a different methodology for determining it.

The UNAT held that the staff member did not have standing before the UNDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member did not cite any provision of Article 2(1) of the UNAT Statute and did not indicate whether any errors by the UNRWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The UNAT held that the appeal was defective and consequently not receivable.

The UNAT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the UNRWA DT had determined the amount of in-lieu compensation. The UNAT also agreed with the UNRWA DT’s...