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The Tribunal held that:

a. The Applicant's continued violations over a year and one-half, despite a prior reprimand, numerous warnings, a clear directive, and a new investigation, clearly showed that he willfully disregarded the applicable rules prohibiting his wife from living with him in a non-family duty station.

b. By the preponderance of the evidence, the Tribunal was persuaded that the Applicant threatened another staff member, as was found by the Organization.

c.The Applicant¡¯s threats and repeated violation of the housing rules amounted to serious misconduct.

d. The record was...

General verbal statements, which the Applicant asserts were made by his Fist Reporting Officer during team meetings, cannot constitute an express promise to renew his TA. More importantly, such verbal statements lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. Furthermore, the Tribunal found that no official commitment was made to the Applicant in writing to substantiate an expectation of renewal of his TA.

The Tribunal found that performance management procedures governed by ST/AI/2010/5 and...

The Tribunal established that the Applicant was duly informed, before accepting the offer letter, of the mandatory nature of the condition of mobility in her proposed employment. However, even if mandatory mobility had not been so explicit in the pre-appointment documents, the regulatory framework stipulates at staff rule 4.1 that it is the letter of appointment (LOA) that contains expressly or by reference the terms and conditions of employment.

Therefore, when the Applicant signed her LOA on 3 October 2023, duly accepting all the terms and conditions of her employment, including the...

The Tribunal DECIDES to deny the application in its entirety.

The Tribunal DECIDES that the Application is rejected.

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant¡¯s remit to verify where the staff members were located;

c. The issue regarding the Applicant¡¯s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

The Tribunal observed that the facts of this case were very clear from the testimony and record. The Tribunal further noted that the Applicant had admitted his wrongdoing during his interview by the investigator. Accordingly, the Tribunal found by clear and convincing evidence that the Applicant had committed fraud, a prohibited conduct.

Regarding misconduct, the Tribunal concluded that the Applicant committed fraud. Therefore, his actions amounted to serious misconduct.

On the due process prong, the Tribunal rejected the Applicant¡¯s argument that his due process rights were violated because...

Regarding the decision to not convene a fact-finding panel, the Tribunal recalled its jurisprudence which indicates that a fact-finding investigation may only be undertaken if there are sufficient grounds to believe that a staff member had engaged in unsatisfactory conduct. In the instant case, the Tribunal, concluded that the Applicant had not provided sufficient grounds to support his claim.

In relation to the second contested decision, the Tribunal also referred to its settled jurisprudence which indicates that there is no right to FWA. The Tribunal, rather, observed that a denial of FWA...

The Tribunal found that in this case, the evidence adduced by the Respondent was neither clear nor convincing. Accordingly, the Tribunal held that the Respondent had failed to show that it was highly probable that the Applicant had committed the alleged misconduct and thus had failed to meet its burden of proof. Accordingly, the Tribunal decided to:

a. Rescind the decision to separate the Applicant from service;

b. Set the amount of compensation that the Respondent may elect to pay in lieu of implementing the rescission at two years net salary with interest at the US prime rate from...

The UNAT found that the UNRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the UNAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The UNAT held that the UNRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The UNAT found that gender parity had not...