51ÁÔÆæ

UNAT considered the Applicant¡¯s application for revision of judgment No. 2012-UNAT-209. UNAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the UNAT Statute. UNAT held that the issuance of another judgment during the same session as which the Applicant¡¯s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. UNAT held that the application was submitted almost one year...

UNAT considered Mr Maghari¡¯s application for revision of judgment No. 2010-UNAT-039. UNAT held that the application was receivable ratione temporis. UNAT held that the grounds filed did not fall within Article 11(1) of the UNAT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to UNAT and to the party applying for revision. UNAT held that Mr Maghari merely disagreed with the UNAT decision and sought to reargue his appeal. UNAT dismissed the application for revision.

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an application for revision of judgment. UNAT held that the alleged error in the factual findings of UNDT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by UNAT in vacating the UNDT judgment and affirming Mr Massah¡¯s separation from service for serious misconduct. UNAT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law...

UNAT considered an application of the Secretary-General for interpretation of judgment No. 2012-UNAT-240. UNAT held that the application did not fulfil the requirements of Article 11 of the UNAT Statute and was therefore manifestly inadmissible. UNAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. UNAT rejected the Secretary-General¡¯s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

UNAT held that UNDT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. UNAT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of UNAT. Noting that the Appellant relied upon the statements and observations which he had brought before UNDT, UNAT noted that a litigant¡¯s past allegations and arguments cannot be considered evidence per se. UNAT held that it was not the task of UNDT (or UNAT)...

Noting the Secretary-General¡¯s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the UNAT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the UNDT Statute, UNAT agreed that Article 7(3) prohibited UNAT from waiving the deadline by which the Appellant was required to seek administrative review. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance...

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 considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. UNDT/2012/142. UNAT dismissed Ms A. Nourain¡¯s appeal as she was not a party to the proceedings and had no standing to appeal. UNAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. UNAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. UNAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

UNAT considered Mr Obdeijn¡¯s application for revision of judgment in respect of judgment No. 2012-UNAT-201. UNAT held that Mr Obdeijn¡¯s submissions were irrelevant as they did not meet the requirements set out in the UNAT Statute. UNAT held that Mr Obdeijn¡¯s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. UNAT held that Mr Obdeijn could not rely on UNAT¡¯s inherent jurisdiction to obtain a revision expressly forbidden by the UNAT Statute from a rule based on...