2022-UNAT-1235, Wissam Zeid

UNAT Held or UNDT Pronouncements

Mr. Zeid appealed. As a preliminary matter, UNAT dismissed Mr. Zeid's request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties; and that an oral hearing would not “assist in the expeditious and fair disposal of the case”. UNAT held that the UNRWA DT correctly found that there was no evidence of a request for decision review, that the e-mail exchanges whereby Mr. Zeid had made inquiries regarding the reasons for the contested decision were not a request for decision review, but rather were informal attempts to obtain further clarification with respect to the contested decision. UNAT rejected Mr. Zeid's argument that because unsuccessful external candidates for the post did not have to file a request for decision review, nor should he. UNAT held that as a staff member, Area Staff Rule 111.1(2) did apply to Mr. Zeid's case. Accordingly, UNAT dismissed the appeal.

Decision Contested or Judgment Appealed

Mr. Zeid, Registrar and Alumni Officer in the Education Department at the Siblin Training Centre, Lebanon Field Office, challenged UNRWA's decision not to shortlist him for the post of Principal, Grade 17. By Judgment No. UNRWA/DT/2021/024, the UNRWA DT dismissed the application as not receivable ratione materiae in the absence of a timely request for decision review.

Legal Principle(s)

It has long been established in the Appeals Tribunal’s jurisprudence that a request for decision review/management evaluation is a mandatory first step in the appeal process. Being a mandatory first step before coming to the internal justice system, the request for management evaluation or decision review provides the Administration with the opportunity to reassess the situation and correct possible mistakes or errors with efficiency without the need of judicial intervention. The tribunals have no jurisdiction to waive deadlines for requests for management evaluation or decision review. This jurisprudence is in full accordance with the applicable legal framework set out in the UNRWA DT Statute, particularly Article 8.

Outcome

Dismissed on merits

Outcome Extra Text

The appeal is dismissed and Judgment No. UNRWA/DT/2021/024 is affirmed.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Wissam Zeid

Entity

UNRWA

Case Number(s)

2021-1581

Tribunal

UNAT

Registry Location :

New York