51ÁÔÆæ

The UNAT held that with no evidence of a manifest abuse of proceedings by the Commissioner-General before the UNRWA DT, nor any finding by the UNRWA DT of such an abuse of proceedings, the legal cost orders made by the Dispute Tribunal did not accord with the terms of Article 10 of the UNRWA DT Statute and were therefore unjustified and could not be sustained. Moreover, if the UNAT considered that the legal costs were awarded by the UNRWA DT under Article 10(5)(b) (which was not apparent from the Judgment), there existed no basis to justify such an order given the evidence before the Dispute...

The UNAT noted that the staff member had telecommuted from his home country for the entire academic year. The UNAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The UNAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The UNAT dismissed the application for revision, finding that none of the alleged new facts were ¡°new facts¡± for the purpose of Article 11(1) of the UNAT Statute. The alleged new facts either occurred after the issuance of the UNAT Judgment, were known to the Appeals Tribunal, or matters of law.

The UNAT granted the application for correction in part, to the extent that the UNAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the UNAT Judgment where the UNAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.

Finally, the...

The UNAT held that the facts upon which the staff member relied in his application for revision all post-dated the UNAT Judgment and therefore could not serve as a basis for revising or reconsidering the UNAT¡¯s prior conclusions. In particular, the UNAT found that the staff member¡¯s medical record, indicating a change in his condition after the issuance of the UNAT Judgment, did not constitute grounds for revising it.

However, the UNAT granted the staff member¡¯s request for anonymity for the present Judgment only, given the limited scope of the issues raised and the specific facts...

The UNAT agreed with the UNDT¡¯s conclusion on the receivability of the application but suggested that the UNDT should have applied a different methodology for determining it.

The UNAT held that the staff member did not have standing before the UNDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The UNAT interpreted the application as a request for a correction of the previous UNAT judgment.

The UNAT noted that the case file of the former United Nations Administrative Tribunal revealed that the President of that Tribunal had extended the deadline for filing the appeal but a copy of that decision had not been placed in the file submitted to the UNAT. The UNAT observed that it had rendered its judgment to reject the appeal, without being aware of the President's decision.

The UNAT found, however, that the staff member's appeal was received by the United Nations Administrative Tribunal...

The UNAT denied the Appellant¡¯s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The UNAT also denied the Appellant¡¯s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The UNAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the UNDT. The UNAT observed that given...

This application does not meet the requirements of art. 12(3) of the UNDT Statute and art. 30 of the UNDT Rules of Procedure. There is no need to clarify the meaning of Judgment Ocokoru UNDT/2015/004 since it was fully implemented years ago. Furthermore, the grounds submitted by the Applicant as a basis for interpretation have already been clearly and unambiguously determined by this Tribunal previously. Consequently, the Tribunal dismisses the application in its entirety.

The UNAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that ¡°these responses alongside the 22 pages and 18 annexes¡± to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the UNAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

The UNAT declined Mr. Turk¡¯s request for an oral hearing, and found no error in the UNDT¡¯s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization¡¯s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...