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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...

UNAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.

UNAT also dismissed Mr. Zaqqout's application for revision of judgment.  UNAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...

The UNAT held that the supposedly unknown facts that Mr. Al Dirawi detailed in his application for revision of the UNAT Judgment focus on findings and conclusions in the UNAT Judgment with which he disagrees. Notably, these matters were considered in the original appeal and Mr. Al Dirawi basically submits a second appeal for a reassessment of the facts in his case, a remedy which is not available to the parties once the Appeals Tribunal has issued a final judgment. The UNAT thus held that Mr. Al Dirawi's application was not receivable.

Referring to its previous judgment in the Applicant’s non-selection case, the Tribunal was of the view that in the present application for interpretation, he essentially disagreed with the Tribunal’s findings on the propriety of the impugned selection exercise. Specifically, the Applicant takes issue with the Tribunal’s finding in paragraph 60(b) that he “failed to substantiate that the chosen candidate was not qualified either academically or by way of relevant managerial and supply chain experience”.

The Tribunal held that paragraph 60(b) of the judgment was both comprehensible and clear...

The UNAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The UNAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal’s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The UNAT noted that, given the delay in execution and in the...

The UNAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The UNAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo’s candidacy. The UNAT agreed with the ITLOS JAB that Mr. Savadogo’s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...

As regards the request for an oral hearing, the UNAT held that the UNRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing.  The UNRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the UNAT agreed with the UNRWA DT and upheld...

Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.

Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-UNAT-1078, claiming that the filing of the Secretary-General’s appeal had a suspensive effect on the ongoing proceedings in the UNDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once UNAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. UNAT found that Mr. Abdalla had failed to point to any statement or consideration in the UNAT Judgment which would...