Â鶹APP

UNAT held that the Appellant had failed to follow the procedural requirements for an appeal. UNAT noted that the Appellant contested a decision of the Pension Board, which had not been subject to review or appeal, neither by the Staff Pension Committee nor by the Standing Committee, acting on behalf of the Pension Board. UNAT held that it was not allowed to intervene in matters that had not previously been subject to internal reassessment by the Pension Fund. UNAT dismissed the appeal as not receivable.

UNAT remanded the case to UNDT. UNAT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to UNAT. UNAT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. UNAT remanded the case to UNDT, which constituted the neutral first instance process for WMO.

UNAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, UNAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, UNAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...

UNAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant¡¯s request for an oral hearing. UNAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman¡¯s Office is not sufficient in this regard. UNAT held that UNDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

UNAT held that UNJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by UNJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to UNAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, UNAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. UNAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...

UNAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. UNAT held that while the absence of a response to a staff member¡¯s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. UNAT held that in the...

UNAT dismissed the Appellant¡¯s motion to file an additional pleading in the absence of any exceptional circumstances warranting it. UNAT held that the Appellant failed to seek leave from UNAT to introduce additional evidence and neither adduced evidence that exceptional circumstances warranted it nor that it would serve the interests of justice or the efficient and expeditious resolution of the appeal. On the issue of execution of the 2016 UNDT judgment, UNAT held that there was no evidence that any of the orders contained therein were not executed and therefore the application was not...

UNAT considered an application for correction of judgment for judgment No. 2019-UNAT-940 filed by Mr Wilson in order to reflect a correction of dates that UNDT had made to its own judgment. UNAT held that it was necessary to correct the date of the receipt of a Management Evaluation Unit response, a crucial factor for calculating time limits under the UNDT Statute, as, without the correction, the Appellant¡¯s application to UNDT would have been not receivable ratione temporis. UNAT granted the Appellant¡¯s application and ordered the correction of the UNAT judgment.

UNAT considered an application by UNJSPB for interpretation of judgment No. 2019-UNAT-912 related to the calculation and payment of interest. UNAT held that there was nothing unclear or ambiguous about the terms of the order and that the application for interpretation was inadmissible on those grounds alone. UNAT opined that, in actuality, the UNJSPB sought to appeal the judgment on the grounds that UNAT erred in making an award of interest, which UNJSPB believed was inconsistent with its Regulations. Noting that judgments of UNAT are final and without appeal, UNAT held that this attempt to...

UNAT considered an application for revision of judgment No. 2019-UNAT-914 from Mr Oglesby. UNAT held that Mr Oglesby failed to establish the required grounds for a revision of judgment, namely the discovery of a decisive fact that was, at the time the judgment was rendered, unknown to UNAT and the party applying for revision. UNAT noted that it had concluded in the impugned judgment that it was unable to apply the UN Charter or the UDHR directly, or strike down clear UNJSPF Regulations. UNAT opined that it was within the combined powers of the UNJSPF, the Secretary-General and the General...