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The application was receivable as it was filed in accordance with the requirements set forth in article 12.3 of the UNDT Statute and article 30 of the UNDT RoP.; The payment of salaries to the Applicant should have been calculated as of the time of separation (30 November 2009) with accrued interest.; UNDT ordered that the Secretary-General add a pre-judgment interest on the compensation already paid, calculated at the US Prime Rate applicable on 30 November 2009 (date of separation) to 9 December 2016 (date of payment). All other pleas were refused.

The Applicant was informed of the Respondent¡¯s decision not to renew her appointment on 13 May 2015 thus the time to challenge this decision started to run from this date. The Applicant requested management evaluation on 28 August 2015.; A later notice to the Applicant on 30 June 2015 merely affirmed that the earlier decision remained in force.; The application was late in light of staff rule 11.2(c), as it was filed past the sixty-day time limit, and not receivable. UNDT dismissed the application.

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.

The Applicant requests revision of UNDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

The Applicant does not contest a decision of the Secretary-General but a decision of UNJSPF, which he claims was communicated to him by the Chief of the Office of the UNJSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review UNJSPF decisions. UNJSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of UNJSPF benefits. The UNJSPF is also not one of the agencies, organizations or entities ¡°where a special agreement...

The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant¡¯s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in UNHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant¡¯s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...

The Tribunal held that the application for revision was manifestly inadimissable because the Applicant did not bring to the attention of the Tribunal the existence of any new decisive fact which was unknown to the Tribunal or to himself at the time Judgment No. UNDT/2016/059 was rendered. The issue of lack of investigation alleged by the Applicant was properly considered in Judgment No. UNDT/2016/059.

The Tribunal held that the application was moot and not receivable. Accordingly, the application was rejected. On issue one, for an order for execution of default judgment, the Tribunal found that the Applicant had not obtained a default judgment as he alleged. The 14 December 2009 Order that the Applicant considered a default judgment merely directed the Respondent on the procedural requirements for applying to re-enter the proceedings, and which indeed happened with the Respondent filing a reply on 25 January 2010. On 7 June 2010, the Tribunal proceeded to Judgment No. UNDT/2010/105 in which...

Noting that the Applicant had conceded that his application was filed after the time limit set out in art. 8.1(d)(i)(b), the Tribunal concluded that the application was not receivable rationae temporis because the Applicant failed 51ÁÔÆæ the 90-day filing deadline set out in art. 8.1(d) of the UNDT Statute. The Tribunal then deliberated on the Applicant¡¯s assertion that his application is receivable because the interpretation of art. 8.1(d)(i)(b) is unfair to staff members as it favours an administration that has failed to address management evaluation requests in violation of staff...

Granting an application for revision: As consistently held by the Appeals Tribunal, ¡°the review procedure [of revision] is of a corrective nature and thus is not an opportunity for a party to reargue his or her case¡± (see Sanwidi 2013-UNAT-321, para. 8. Moreover, an application for revision of a judgment is only receivable if it fulfills the strict and exceptional criteria established under art. 12.1 of the Dispute Tribunal¡¯s Statute and art. 29 of its Rules of Procedure, namely (see James 2016-UNAT-680, para. 13): ¡°¡­ Accordingly, an application for revision of judgment is only receivable if...