As a preliminary matter, UNAT dismissed the Appellant’s motion “for a finding of the Respondent’s dissembling. ” With respect to the substance of the appeal, UNAT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. UNAT dismissed the appeal and affirmed the UNDT judgment.
Article 24
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Judgment-related matters
Revision of Judgment
Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
UNDT found that the applicant had standing in both cases and that the appeals were not time-barred. UNDT found that the Organisation did not violate the applicant’s rights when it decided that the provisions of ST/SGB/2005/21 were not directly applicable to him. UNDT found that the applicant’s complaint of retaliation was adequately and objectively examined by the investigation panel and by the Director Ethics Office, who agreed that no retaliation had taken place. Thus, the applicant received appropriate recourse. However, UNDT found that the applicant’s rights were violated when the...