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UNAT considered an application for revision of judgment No. 2011-UNAT-158. UNAT held that there was no new fact such as to meet the criteria set out in Article 11 of the UNAT Statute. UNAT held that Mr Laeijendecker sought to re-argue or reopen issues. UNAT held that insofar as Mr Laeijendecker sought interpretation of the impugned judgment, paragraphs 29, 30 and 31 were clear on their face and had to be read in conjunction with paragraphs 27 and 28, and paragraphs 32-35. On the allegation of bias, UNAT held that Mr Laeijendecker’s submissions amounted to no more than completely...

UNAT considered Ms Basenko’s application for revision of judgment No. 2011-UNAT-139. UNAT held that the reference made by UNAT to the precedent in Gabaldon (judgment No. 2011-UNAT-139) could not be regarded as a decisive fact which was, at the time the judgment was rendered, unknown to UNAT. UNAT held that it was unable to see any valid ground for revision within the purview of Article 11 of the UNAT Statute. UNAT held that the application was not receivable. UNAT dismissed the application.

UNAT considered an application for revision and an application for interpretation of judgment No. 2011-UNAT-112, both filed by Ms Abbasi. On the application for revision, UNAT held that it constituted a disguised way to criticise the impugned judgment or to disagree with it, noting that the rules did not allow the use of an application for revision for such a goal or to modify, complete or improve a UNAT judgment. UNAT held that, even if the “cheating” in the written test had been qualified as previously unknown and not due to Ms Abbasi’s negligence, it would not have had a decisive impact on...

UNAT considered motions seeking execution of four judgments (judgment No. 2013-UNAT-357, judgment No. 2013-UNAT-359, judgment No. 2013-UNAT-358, and judgment No. 2013-UNAT-360). UNAT denied these motions, noting that execution did occur in each of the cases. UNAT also noted that payment of the moral damages had been effected and a new conversion process had been completed, thus, none of the applications merited an order for execution pursuant to Article 11(4) of the UNAT Statute and Article 27 of the UNAT RoP. With respect to Ademagic et al. and Mr Longone’s motion to hold decision letters in...

UNAT considered Ms Das’s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. UNAT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the UNDT judgment. UNAT noted that it had merely affirmed the award of compensatory damages and termination benefits by UNDT and had not initiated it. UNAT held that there was no merit to the Secretary-General’s claim that...

UNAT considered Mr Gakumba’s application for revision of judgment No. 2013-UNAT-387. UNAT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. UNAT held that it would be manifestly unreasonable to submit that the UNDP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the UNDT, or in 2013 before UNAT. UNAT held that no valid reason had been provided about the untimely submission of the application for revision. UNAT dismissed the application for revision.

UNAT considered an appeal of judgment No. UNDT/2013/145. On the issue of whether UNDT erred in law in not receiving the Appellant’s application for revision of judgment, UNAT held that it did. UNAT noted that to import into Article 12(1) of the UNDT Statute the limitations presently advocated by UNDT, merely because of the inclusion of the word “executable,” would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to UNDT. With respect to the merits of the application for revision, UNAT held that...

UNAT considered Ms Roig’s application for correction and noted that there were no clerical or arithmetical mistakes in the judgment. UNAT noted that the correction procedure is not an opportunity for a party to reargue their case or to merely repeat arguments that did not previously succeed. UNAT dismissed the application for correction.

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.

UNAT considered Ms Dzuverovic’s Application for Interpretation of judgment, specifically the portion that dismissed the Secretary-General’s cross-appeal to redact the recommendations made by UNDT and thus allowed them to remain despite the fact that Ms Dzuverovic’s UNDT application was not receivable. UNAT held that it explained the meaning and scope of its decision to dismiss the Secretary-General’s cross-appeal and not to redact the UNDT recommendations when it stated that the recommendations had no binding consequences on the parties. UNAT found that the judgment was not ambiguous and...