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The UNAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that “these responses alongside the 22 pages and 18 annexes” to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the UNAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

The UNAT found that the relief sought in the application concerned an issue not previously raised before the UNDT or the UNAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The UNAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The UNAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the UNAT’s decision or the reasons for it.

The UNAT was of the view that there was also...

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...

Receivability

The Respondent challenged the receivability of the application. He argued that the Dispute Tribunal may only issue an Order for execution under art. 12.4 of its Statute where a judgment required a time limit for execution and such execution had not been carried out.

The Tribunal considered that while Judgment Applicant UNDT/2022/055 did not provide for its execution within a certain period of time, it was reasonable to infer that in the absence of an appeal, said judgment should have been executed within a reasonable time, after the expiry of the 60-day time limit to file an...

The UNAT held that it was satisfied that execution of the UNDT Judgment (as affirmed by the UNAT) had occurred in Mr. Ozturk’s case. The Administration had complied with the UNAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

The UNAT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the UNAT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an...

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...

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...

The UNAT held that the Applicant’s application for revision did not comply with the requirements set out in Article 11(1) of the Appeals Tribunal Statute and Article 24 of the Appeals Tribunal Rules of Procedure.  Indeed, it concluded that there was no fact discovered after the issuance of the UNAT Judgment, which was unknown to the Appeals Tribunal and to the Applicant.  Rather, it found that his submissions basically repeat or add to the same arguments which were previously assessed by the Agency, the UNRWA DT and the Appeals Tribunal.  It concluded that the only new arguments advanced by...

The UNAT considered an appeal by the Commissioner-General of the UNRWA.

The UNAT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member’s request in view of the increase in his managerial and budgetary duties and responsibilities.

The UNAT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the UNRWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.  

The UNAT noted that the...