UNAT

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 held that the UNDT acted correctly by conducting a judicial review of the case.

It found that the UNDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020. While Ms. V’s testimony alone would have been sufficient in this context, the UNAT noted that it was corroborated by colleagues who were...

The UNAT noted that the UNDT’s findings had been based on credible evidence when it determined that the staff member’s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The UNAT was of the view that in light of the testimony of the staff member’s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the UNDT to conclude that the Administration had failed to establish the medical...

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 noted that the staff member’s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The UNAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency’s burden to show that the request had been given full and fair consideration was satisfied. The UNAT found that the staff member had not discharged the burden of...

The UNAT held that although the former staff member did not receive the full investigation report until after the disciplinary process was concluded, there was no due process violation because the opportunity to respond letter was detailed, and he received the full investigation report early in the Dispute Tribunal proceedings.

The UNAT held that the Dispute Tribunal had appropriately heard live testimony from numerous witnesses, all of whom were subject to cross-examination, and had admitted certain hearsay statements using established methods of corroboration. The UNAT held that the Dispute...

The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.

The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...

The UNAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the UNDT issued the first Order. The UNAT held that this was not grounds to grant the interlocutory appeal, because ABA’s arguments were heard by the UNDT when he filed his motion for reconsideration.

The UNAT held that the UNDT did not exceed its competence or jurisdiction when it issued these case management orders. The UNAT was also not persuaded by ABA’s argument that the violation...

The UNAT first considered the staff member’s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...