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UNAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. UNAT affirmed the Commissioner-General’s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, UNAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, UNAT agreed with UNRWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, UNAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. UNAT recalled the jurisprudence of the former UN Administrative Tribunal that different onuses and burdens of proof arise under...

UNAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the UNRWA DT judgment under appeal. UNAT held that UNRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. UNAT held that UNRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

UNAT considered the appeal. UNAT noted that UNRWA’s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. UNAT accordingly found that UNRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant’s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant’s request for compensation, UNAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

As a preliminary matter, UNAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst UNAT held that the Appellant failed to identify any errors of law or fact by UNRWA DT as required under Art 2(1) UNAT Statute, UNAT did go on to consider his appeal as he was not represented. UNAT held that UNRWA DT had correctly applied the standard of review for disciplinary cases and that UNRWA DT’s exercise...

UNAT agreed with the UNRWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant’s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, UNAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the UNRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the UNRWA DT’s role to review...

The UNRWA DT acknowledged that the imposed disciplinary measure of separation from service without termination indemnity is one of the most severe disciplinary measures that the Agency can impose on a staff member. Nevertheless, it decided that, given the Appellant’s misconduct in committing corporal punishment to a disabled and highly vulnerable child, and the Agency’s clear zero-tolerance policy towards corporal punishment, the disciplinary measure imposed on the Appellant appeared to be neither absurd nor arbitrary; nor was there any evidence that the measure taken had been tainted by...

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.

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...