UNAT considered Mrs Sidell’s two Applications, one for correction and the other for interpretation of the judgment. With respect to the Application for correction, UNAT held that there were no clerical or arithmetical mistakes in the relevant paragraphs and that Mrs Sidell merely disagreed with the referenced portions of the judgment. With respect to the Application for interpretation, UNAT held that the referenced paragraphs were clear in meaning on the face of the record and did not need any interpretation. UNAT denied both Applications.
Judgment-related matters
UNAT considered the Secretary-General’s appeal regarding the judgment on Receivability (UNDT/2011/063) and the judgment on the Merits (UNDT/2010/085). As a preliminary matter, UNAT denied Ms Hunt-Matthews' request for an oral hearing. UNAT noted that the Secretary-General may properly appeal the judgment on Receivability as part of the judgment on the Merits and that it was timely. UNAT considered whether UNDT should have received Ms Hunt-Matthes’ application and found that it was not receivable ratione materiae. UNAT found that UNDT erred when it determined that Ms Hunt-Matthes’ claims of...
UNAT considered both an application for Revision of judgment No. 2013-UNAT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, UNAT held that Mr Pirnea did not set forth a new fact that was unknown to both him and UNAT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the UNAT Statute and Article 24 of the UNAT Rules of Procedure. On the motion for confidentiality, UNAT noted that the motion was late, and it was unlikely that confidentiality could be achieved...
UNAT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-UNAT-499, both submitted by Mr Fedorchenko. UNAT held that Mr Fedorchenko’s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, UNAT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or...
UNAT considered the motion for execution of judgment No. 2013-UNAT-359. UNAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, UNAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. UNAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...
UNAT considered a request for revision of judgment No. 2013-UNAT-297. UNAT noted that the application for revision was filed more than six months beyond the time limit. UNAT held that the application for revision was not receivable ratione temporis. UNAT dismissed the appeal.
UNAT held that a staff member cannot extend the statutory deadline to appeal by filing post-judgment motions. UNAT noted that to hold otherwise would allow the parties to set their own deadlines for appeal of a UNDT judgment and undermine the mandatory nature of the statutory deadline in Article 7.1(c) of the UNAT Statute. UNAT dismissed the appeal as time-barred.
UNAT considered a request for revision of judgment No. 2014-UNAT-436 as well as a motion requesting that UNAT strike certain paragraphs from it. UNAT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. UNAT held that his application was not receivable. UNAT dismissed the application for revision.
UNAT considered an application for execution. UNAT noted that Ms Simmons maintained that there was a sum of money due and owed to her relating to judgment No. 2012-UNAT-221. UNAT held that Ms Simmons’ contentions were not sustained. UNAT held that the Secretary-General fully complied with judgment No. 2012-UNAT-221, as corrected by Order No. 148 (2013). UNAT rejected the application for execution.
UNAT considered two applications, one for correction and one for revision, relating to judgment No. 2013-UNAT-363. UNAT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. UNAT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. UNAT dismissed both applications.