UNAT considered Mr Al-Mulla’s application for revision of judgment No. 2012-UNAT-226. UNAT noted that the application for revision was signed more than six months beyond the time limit. UNAT dismissed the application for revision.
UNAT considered a writ of mandamus from Ms Wesslund, who requested that UNAT order UNDT to accept her applications. UNAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against UNDT Order No. 100 (NY/2013). UNAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to UNAT for an extension or waive of the applicable time limits, UNAT held that the appeal of the Order was not receivable ratione temporis. UNAT dismissed the...
UNAT considered an application for revision of judgment No. 2010-UNAT-084 filed by the estate of Mr Sanwidi. UNAT held that the estate of Mr Sandwidi did not present new evidence but merely expressed disagreement with the judgment. UNAT denied the application for revision.
UNAT considered Mr El Khatib’s application for revision of judgment No. 2011-UNAT-142. UNAT held that Mr El Khatib did not identify any fact unknown at the time of the impugned judgment which could justify its review. UNAT held that what he actually sought was a discussion of the amount of compensation awarded to him, an option not granted by the Statute. UNAT held that the petition did not meet the statutory requirements. UNAT dismissed the application for revision.
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)...
