Â鶹APP

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-UNAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. UNAT...

UNAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former UNAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. UNAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the UNDT judgment. UNAT further noted that the Secretary-General...

UNAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

UNAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. UNAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, UNAT found the appeal to be defective and not allowed. UNAT dismissed the appeal and affirmed UNRWA DT¡¯s judgment.

UNAT considered the appeal while the application for revision before UNDT was still pending. UNAT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. UNAT remanded the case to UNDT to complete its hearing of the application for revision of judgment.

UNAT held, considering that the Appellant had elected to take a deferred retirement benefit after 1 April 2007 and not taken a withdrawal settlement, that the Fund had no discretion to make an exception under Article 24(a) of UNJSPF Regulations. Regarding the submission that the Fund was in breach of a duty of good faith by not adequately informing the Appellant of the amendment and its implications, UNAT held that it cannot be expected of the Fund to provide information in relation to every conceivable contingency or possibility that might or might not eventuate in the future. UNAT further...

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...

UNAT considered an application for interpretation of judgment No. 2017-UNAT-774 filed by Mr Awe. The application was admitted in part. UNAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. UNAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...

The staff member filed an application for execution of judgment No. 2015-UNAT-604 (Ocokoru). UNAT noted that in judgment 2015-UNAT-604, it did not make any order affecting the UNDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. UNAT held that the execution of the UNDT judgment remained within the jurisdiction of UNDT and, as such, it was not competent to grant the staff member¡¯s application. UNAT observed that Article 27 (Execution of judgments) of the UNAT Rules of Procedure, when read together with Article 11.4 of the UNAT Statute...

UNAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by UNAT by establishing the critical facts as instructed. UNAT found that UNDT's conclusions were consistent with the evidence. UNAT found no error in the UNDT¡¯s finding that the Appellant failed to establish that the decision not to...