51ÁÔÆæ

UNAT rejected the request for an oral hearing finding no need for further clarification of the issues. UNAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. UNAT agreed with UNRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. UNAT held that UNRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case according to Article 18. 1 of the UNDT RoP. UNAT noted that the judgment on revision being appealed was issued more than four years ago. UNAT held that the appeal was not receivable. On the merits, UNAT held that UNDT had correctly dismissed the application for revision since no material elements according to UNAT RoP could be shown to support the application, such as a new fact which, at the time the judgment was rendered, was unknown to UNAT and the moving party. UNAT...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a request...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. UNAT held that the staff member¡¯s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of UNAT. UNAT dismissed the appeal against UNDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that UNDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...

UNAT rejected the request for an oral hearing finding that an oral hearing was neither necessary nor would assist in the expeditious and fair disposal of the case. Regarding the Appellant¡¯s motion, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion. UNAT held that the motion was essentially an attempt by the Appellant to supplement arguments already made in her appeal submissions. UNAT denied the motion. Regarding the appeal¡¯s submissions, UNAT held that that UNDT had erred in law in rejecting the application on the basis that the Appellant¡¯s...

UNAT found that UNDT did not address the staff members¡¯ requests for an extension of time and that instead had converted sua sponte the requests for an extension of time into ¡°incomplete¡± applications, adjudging the applications not receivable. UNAT held that UNDT had not afforded the staff members the opportunity to file an application. UNAT held that UNDT had exceeded its competence and jurisdiction and committed errors in procedure when it determined that the requests for an extension of time were the ¡°equivalent¡± of applications; inferred that the statements in the requests for an...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General¡¯s appeal had no merit, it...

UNAT considered the appeal of the Secretary-General. UNAT held that the paragraphs of the UNDT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. UNAT held that UNDT erred in law in holding that the application for interpretation was receivable. UNAT held that UNDT should have dealt with the claim for interest in its judgment, but it omitted to do so. UNAT held that UNDT exceeded its competence by wrongly applying Article 12(3) of the UNDT Statute to alter the substance of its final ruling by...