2017-UNAT-760, Sa'adeddin
UNAT Held or UNDT Pronouncements
UNAT held that UNRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. UNAT upheld the UNRWA DT’s findings that the provisions in the GMIP were mandatory for the UNRWA, that the GMIP does not include a provision with respect to retroactivity, and that UNRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. UNAT held that the GMIP could not apply outside of its scope of application. UNAT held that there was no evidence that UNRWA DT erred on the law or the facts, and that the Appellant’s claim had no merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant, a retired staff member, contested the decision not to enrol him and his spouse in the Lebanon Field Office GMIP. UNRWA DT dismissed the Application on the grounds that the application was not receivable (ratione temporis).
Legal Principle(s)
UNRWA has no discretionary authority to enroll former staff members in Group Medical Insurance Policy (GMIP), an insurance contract with a private company if there is no such provision in said contract.