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Article 13.2

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The UNAT noted that the UNRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.  The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the UNRWA DT with no medical information about AAW's condition at the time of the burglary.

The UNAT found that the Commissioner-General had clearly and manifestly abused the...

The Appellant did not raise any challenges as to the merits of the UNRWA DT judgment, but rather his appeal related to the procedure adopted by UNRWA DT in hearing his complaint. UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction in the exercise of its power, such as to warrant reversal of the judgment. Noting that two Orders clarified the aim of the hearing, UNAT held that there was no prejudice caused to the Appellant by the failure to provide him with a description of the relevance of the witnesses’ testimony. UNAT held that UNRWA DT...