Judgment-related matters

Showing 51 - 60 of 171

UNAT considered the application for revision of judgment No. 2010-UNAT-014 by Mr Luvai. UNAT considered the allegation that the Legal Officer who was assigned to the case before UNDT was a Facebook “friend” of Judge Boolell, the then UNDT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. UNAT held that Mr Luvai offered not a shred of proof of anything improper. UNAT denied the application.

UNAT noted that UNDT correctly stated that the former 山Administrative Tribunal considered and rejected all of the Appellant’s other pleas and that for this reason, the matter of interest was res judicata. UNAT also noted that UNDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. UNAT found that, as the Secretary-General did not appeal, he had therefore accepted the UNDT’s decision and financial award. UNAT held that UNDT’s decision...

UNAT considered Mr El Khatib’s application for revision of judgment No. 2011-UNAT-142. UNAT held that Mr El Khatib did not identify any fact unknown at the time of the impugned judgment which could justify its review. UNAT held that what he actually sought was a discussion of the amount of compensation awarded to him, an option not granted by the Statute. UNAT held that the petition did not meet the statutory requirements. UNAT dismissed the application for revision.

UNAT considered the Applicant’s application for revision of judgment No. 2012-UNAT-209. UNAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the UNAT Statute. UNAT held that the issuance of another judgment during the same session as which the Applicant’s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. UNAT held that the application was submitted almost one year...

UNAT considered Mr Maghari’s application for revision of judgment No. 2010-UNAT-039. UNAT held that the application was receivable ratione temporis. UNAT held that the grounds filed did not fall within Article 11(1) of the UNAT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to UNAT and to the party applying for revision. UNAT held that Mr Maghari merely disagreed with the UNAT decision and sought to reargue his appeal. UNAT dismissed the application for revision.

UNAT considered an application for revision of judgment. UNAT held that the alleged error in the factual findings of UNDT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by UNAT in vacating the UNDT judgment and affirming Mr Massah’s separation from service for serious misconduct. UNAT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law...

UNAT considered an application of the Secretary-General for interpretation of judgment No. 2012-UNAT-240. UNAT held that the application did not fulfil the requirements of Article 11 of the UNAT Statute and was therefore manifestly inadmissible. UNAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. UNAT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...