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The UNAT reviewed the submission of the Secretary-General that Ms. Lekoetje had already repaid the amounts due to the Organization when she separated from service.  The UNAT acknowledged that Ms. Lekoetje agreed with the Secretary-General’s position, and confirmed that USD 20,987.91 had already been deducted from her final entitlements. 

Accordingly, the UNAT accepted this position, and interpreted Judgment No. 2022-UNAT-1227 as requiring a payment by the Organization to Ms. Lekoetje of a sum equal to one year’s net base salary, but without any further deductions.

The decisive fact relied on by the Secretary-General to justify a revision of the UNAT judgment  is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to UNOPS after the issuance of the UNAT judgment.

UNAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General’s case and enable him to now...

The UNAT considered an appeal by the participant in the Fund.

The UNAT found that the facts suggest that the participant’s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant’s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

UNAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the UNAT concluded that the UNDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

As a preliminary matter, UNAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the UNAT Statute and therefore UNAT had jurisdiction to hear the appeal. Further, UNAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the UNAT Rules of Procedure and therefore denied the request for an oral hearing. UNAT held that there was no error in the JAB’s decision affirming the contested decision of wrongdoing following the Appellant’s failure to report to work and holding of...

Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the UNAT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, UNAT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.

The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of UNCTAD was a lawful and reasonable exercise of discretion?

The motive for the...

The UNAT held that the decisive fact which the staff member maintains is sufficient for the revision is a letter that was known to him at the time of his initial application to the UNDT. The UNAT found that the reasons for not presenting it were not persuasive.

The UNAT noted that even if it were to consider the letter known only at the time of the issuance of the previous UNAT Judgment, the application for revision had not been filed on time.

The UNAT was of the view that the staff member’s application for revision constituted, in fact, a disguised attempt to re-open the case and that was...

The UNAT considered an appeal by the staff member.

The UNAT found that, in his appeal, the staff member failed to state the grounds of appeal, identify the defects of the impugned judgment and demonstrate on which grounds it was erroneous.

The UNAT noted that, in reaching its conclusion, the UNRWA DT found that the staff member admittedly did not submit a request for decision review. The UNRWA DT did not err when it found that the staff member’s application was on that basis not receivable ratione materiae.

The UNAT dismissed the appeal and affirmed Judgment No. UNRWA/DT/2022/022.

The UNAT denied the Appellant’s request for an oral hearing.  It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The UNAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the UNDT but which it did not accept. 

The UNAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund).  It...

Ms. Larriera sought revision of the UNAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the UNJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a “stable union” with Mr. M., and that this has also been annotated on the death certificate of Mr. M.

UNAT observed that Ms. Larriera’s application for revision was untimely. In addition, UNAT concluded that these allegedly decisive facts occurred in 2021, well after the...