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UNAT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. UNAT held that the Appellant’s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the UNRWA DT’s error in calculating the time limits were misconceived. UNAT held that, regarding the procedure and timeline involved in challenging administrative decisions, former UNWRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant’s contract as a teacher was terminated, was applicable. UNAT agreed with the...

UNAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant’s motion. UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that UNRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the UNRWA DT. UNAT upheld the order of UNRWA DT to rescind the contested...

UNAT rejected the request for an oral hearing finding that an oral hearing was neither necessary nor would assist in the expeditious and fair disposal of the case. Regarding the Appellant’s motion, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion. UNAT held that the motion was essentially an attempt by the Appellant to supplement arguments already made in her appeal submissions. UNAT denied the motion. Regarding the appeal’s submissions, UNAT held that that UNDT had erred in law in rejecting the application on the basis that the Appellant’s...

UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that the evidence showed that UNDT had correctly found that the administrative decision denying ASHI/MIP to the Appellant was communicated to her in an e-mail of 1 May 2014. UNAT agreed with UNDT that the e-mail of 27 May 2014 “did not refer to any new fact or information” and was “a mere confirmation of the earlier and unambiguous decision of 1 May 2014”. UNAT held that UNDT had not erred in law or fact resulting in a manifestly unreasonable decision when...

UNAT held that pursuant to Article 30 UNAT RoP and considering the medical condition of Appellant’s counsel, it was in the interests of justice to grant the Appellant’s motion for an extension of time to file her comments on the Secretary-General’s motion to supplement his answer. UNAT accepted the Appellant’s comments on the Secretary-General’s motion as timely filed. UNAT denied the Secretary-General’s motion for leave to supplement his answer since his additional pleadings would not advance or assist with the disposal of the case. UNAT held that UNDT had very thoroughly considered the...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General’s appeal had no merit, it...

UNAT held that there was no basis for receiving the Appellant’s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. UNAT held that UNDT correctly concluded that the application was time-barred and not receivable as a result of the Appellant’s failure to file his application within the established time limits. UNAT noted that the Appellant had been provided two opportunities to make his case before UNDT and on both occasions, he failed to provide the information. UNAT held that failing...

UNAT considered an application for revision of judgment No. 2017-UNAT-737 filed by Ms Likukela. As a preliminary matter, UNAT denied her motion to supply additional filings. UNAT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the UNAT Statute. UNAT dismissed the application for revision and affirmed the UNAT judgment.

UNAT rejected the request for an oral hearing finding no need for further clarification of the issues. UNAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. UNAT agreed with UNRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. UNAT held that UNRWA DT’s conclusion that the application was not receivable did not present any errors of law or fact. UNAT dismissed the appeal and affirmed the

UNAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. UNAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT judgment.