Â鶹APP

UNAT held that there was no error in UNDT¡¯s finding that the application was moot and thus, not receivable. UNAT held that the UNDT¡¯s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of UNDT and caused no injustice to the Appellant. UNAT observed that it should never have been called on to review the UNDT¡¯s decision since the fact that the application was moot was obvious. UNAT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. UNAT opined that the...

UNAT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-UNAT-499, both submitted by Mr Fedorchenko. UNAT held that Mr Fedorchenko¡¯s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, UNAT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or...

As a preliminary matter, UNAT found that there were no exceptional circumstances to warrant the granting of the Appellant¡¯s motion for leave to file a reply to the Commissioner-General¡¯s answer and denied the motion. UNAT held that the UNRWA¡¯s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that UNRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. UNAT held that UNRWA DT correctly found that the application was not receivable ratione...

UNAT had before it an appeal of judgment No. UNRWA/DT/2014/017. UNAT noted that judgment No. 2013-UNAT-963 was a final judgment and therefore the Appellant¡¯s case was res judicata, which meant that the Appellant was precluded from raising his claim again. UNAT held that UNRWA DT made no error in finding the Appellant¡¯s application manifestly inadmissible and dismissing it without referring it to the Commissioner-General. UNAT held as unsustainable the Appellant¡¯s claim that UNRWA DT erred in law when it considered his application was an application against judgment No. 2013-UNAT-363. UNAT held...

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 held that UNRWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. UNAT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the UNRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. UNAT affirmed UNRWA DT¡¯s finding...

UNAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

On the Appellant¡¯s claim for his name not to appear in the UNAT judgment, UNAT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before UNDT and UNAT, it would be pointless to order redaction. UNAT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. UNAT held that UNDT fully and fairly considered the merits of his case and was in no doubt as to its substance. UNAT held that there was no...

UNAT held that there was no merit to the Appellant¡¯s claims that UNDT failed to exercise its jurisdiction or erred in law by using the summary judgment procedure to determine the application was not receivable ratione materiae. UNAT held that the application to UNDT did not challenge an administrative decision that was alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member, rather the Appellant challenged the MEU¡¯s wording in a letter to him acknowledging the receipt of his grievance or complaint. UNAT held that UNDT did not err in law...

UNAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the UNAT judgment. UNAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. UNAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. UNAT held that there was no merit in Mr Kallon¡¯s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...