Â鶹APP

The Appellant requested that the UNDT judgment be set aside and that the case be remanded to UNDT for a hearing de novo before a different judge. UNAT agreed with the Appellant¡¯s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. UNAT noted that, while UNDT was required to administer the declaration prescribed in Article 17(3) of the UNDT RoP, UNDT¡¯s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, UNAT found that UNDT¡¯s refusal to...

UNAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. UNAT held that there was no merit in the Secretary-General¡¯s contention that UNDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. UNAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. UNAT noted that an award under Article 10(5)(a) of the UNDT Statute is alternative...

UNAT considered the appeals by the Secretary-General challenging UNDT¡¯s determination that the decision not to investigate UNSU election matters was receivable. UNAT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. UNAT noted that although UNDT reviewed the merits of the decision despite the Secretary-General¡¯s argument that the decision was not receivable ratione materiae, UNDT found in favour of the Secretary-General. UNAT held that, as there was no negative impact to the Secretary-General...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT noted that UNJSPF correctly applied Article 45 of the UNJPSF Regulations and relied on an internationally binding judgment about spousal and child support, issued by an Austrian court, which was not contradicted by the divorce decree issued by a Portuguese court. UNAT found no error of law or fact such as to vitiate the contested decision and upheld UNJSPF¡¯s ¡°reasoned and well-founded decision.¡± UNAT dismissed the appeal and upheld the UNJPSB decision.

UNAT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. UNAT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find ¡°good cause¡± to waive the sixty days¡¯ time limit for review set forth in Section K of the UNJSPF Administrative Rules. UNAT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between UNJSPF and CTBTO. UNAT...

UNAT considered Ms Dzuverovic¡¯s Application for Interpretation of judgment, specifically the portion that dismissed the Secretary-General¡¯s cross-appeal to redact the recommendations made by UNDT and thus allowed them to remain despite the fact that Ms Dzuverovic¡¯s UNDT application was not receivable. UNAT held that it explained the meaning and scope of its decision to dismiss the Secretary-General¡¯s cross-appeal and not to redact the UNDT recommendations when it stated that the recommendations had no binding consequences on the parties. UNAT found that the judgment was not ambiguous and...

UNAT considered Mrs Sidell¡¯s two Applications, one for correction and the other for interpretation of the judgment. With respect to the Application for correction, UNAT held that there were no clerical or arithmetical mistakes in the relevant paragraphs and that Mrs Sidell merely disagreed with the referenced portions of the judgment. With respect to the Application for interpretation, UNAT held that the referenced paragraphs were clear in meaning on the face of the record and did not need any interpretation. UNAT denied both Applications.

The Secretary-General appealed UNDT¡¯s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. UNAT only considered the receivability of this appeal. UNAT held that alleged excess of jurisdiction or competence on the part of UNDT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. UNAT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the UNAT Statute is that only final judgments of...

UNAT considered both an application for Revision of judgment No. 2013-UNAT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, UNAT held that Mr Pirnea did not set forth a new fact that was unknown to both him and UNAT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the UNAT Statute and Article 24 of the UNAT Rules of Procedure. On the motion for confidentiality, UNAT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...