2021-UNAT-1153, Ali Abdel Mon’em Aref Al Khatib

UNAT Held or UNDT Pronouncements

It was a reasonable exercise of the Commissioner-General’s discretion to determine that intentionally abusing a position of power and trust against a beneficiary of UNRWA in a vulnerable situation rendered Mr. Al Khatib unfit for further service with the Agency, and separation from service without termination indemnity was neither unfair nor disproportionate to the seriousness of the offence.

Decision Contested or Judgment/Order Appealed

UNRWA/DT/2020/063

Legal Principle(s)

In determining whether these evidential standards have been established in any case, the UNDT must consider and weigh not only the evidence put forward by witnesses produced for the Secretary-General, but also any countervailing evidence adduced for the staff member, and any relevant and probative documentary evidence which may either corroborate or case doubt on the recollection of witnesses. Such an analysis has to be applied by the UNDT not only to each individual piece of disputed evidence, but it must then be applied likewise to the totality of the evidence in support of the allegation of misconduct.

The matter of the degree of the sanction is usually reserved for the Administration, which has discretion to impose a measure that it considers adequate in the circumstances of the case and for the actions and conduct of the staff member involved.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment

Applicants/Appellants

Ali Abdel Mon’em Aref Al Khatib

Entity

UNRWA

Case Number(s)

2020-1497

Tribunal

UNAT

Registry

New York