UNAT considered Mr Paskolti’s application for revision of former UN Administrative Tribunal judgment No. 1459. UNAT held that Article 11 of the UNAT Statute and Article 24 of the UNAT Rules of Procedure did not confer jurisdiction on UNAT to review a judgment of the former UN Administrative Tribunal. UNAT dismissed the application for revision on the grounds of non-receivability.
UNAT considered an application for revision judgment No. 2010-UNAT-098. UNAT held that the application did not meet the statutory requirements of the UNAT Statute. UNAT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by UNAT for vacating the UNDT judgment and affirming the administrative decision of summary dismissal. UNAT held that the application was not admissible since it repeated an argument already examined and...
UNAT considered an appeal by the Secretary-General. UNAT held that although the Secretary-General has discretion in the appointment of staff, he has no discretion to impose unwritten regulations and rules that are prejudicial to staff members. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT considered the application for revision of judgment No. 2010-UNAT-014 by Mr Luvai. UNAT considered the allegation that the Legal Officer who was assigned to the case before UNDT was a Facebook “friend” of Judge Boolell, the then UNDT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. UNAT held that Mr Luvai offered not a shred of proof of anything improper. UNAT denied the application.
UNAT considered an application for revision of judgment No. 2010-UNAT-015 by Ms. Macharia. UNAT held that Ms. Macharia provided no evidence upon which it could infer that there was bias or likelihood of bias on the part of Judge Izuako. UNAT held that, with regard to the Legal Officer who allegedly had a personal friendship with Judge Boolell, there was no evidence for it to draw the conclusion that the Legal Officer influenced the proceedings or the UNDT Judge in her decision. UNAT held that Ms. Macharia did not offer any evidence in support of her bare assertions casting serious doubt on the...
UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had erred on a question of fact by finding that the three-year ban on promotion “influenced” the Applicant’s decision to resign. UNAT noted that, three months after the Applicant’s resignation, the Administration revoked the third part of the sanction, the three-year ban on promotion, acting in line with UNAT’s jurisprudence concerning the illegality of that measure because it was not provided for in the former Staff Rules applicable at the time. UNAT held that the modification of the imposed measures did not entail a...
UNAT considered an appeal by the Secretary-General. UNAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where UNDT has manifestly exceeded its jurisdiction. UNAT held that even though UNDT may have committed a procedural error, it had not exceeded its jurisdiction. UNAT dismissed the appeal.
The former staff members filed an application for revision of judgment 2010-UNAT-034. UNAT held that none of the facts presented fulfilled the requirements of Article 11(1) of the UNAT Statute and Article 24 of the Rules of Procedure. UNAT held that the application for revision was an attempt to relitigate the case. UNAT dismissed the application for revision.
UNAT held that, when the Appellant contested before UNAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. UNAT held that the decision of the Management Evaluation Unit to consider the Appellant’s request not receivable as time-barred was correct. UNAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...
UNAT held that UNRWA DT had correctly dismissed the application as not receivable for being time-barred. UNAT held that UNRWA DT had correctly found the application not receivable ratione materiae since the Appellant had not contested an administrative decision and had erroneously filed his appeal with the International Joint Appeals Board. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
