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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...

UNAT considered an application for interpretation of judgment No. 2011-UNAT-185. UNAT held that the issues raised by the Applicants had already been addressed by UNDT in its Case Management Order. UNAT held that the Case Management Order was within the jurisdiction of UNDT, so there was no justification for any interference by this Tribunal. UNAT held that the application for interpretation would lead to such interference and therefore could not be admitted. UNAT rejected the application for interpretation.

UNAT considered Mr Obdeijn’s application for revision of judgment in respect of judgment No. 2012-UNAT-201. UNAT held that Mr Obdeijn’s submissions were irrelevant as they did not meet the requirements set out in the UNAT Statute. UNAT held that Mr Obdeijn’s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. UNAT held that Mr Obdeijn could not rely on UNAT’s inherent jurisdiction to obtain a revision expressly forbidden by the UNAT Statute from a rule based on...

UNAT considered an application for revision of judgment No. 2011-UNAT-131 by Ms Cohen. UNAT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the UNAT Statute or Article 24 of the UNAT Rules of Procedure. UNAT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about UNAT reducing the compensation awarded. UNAT dismissed the application for revision.

UNAT held that neither Article 11 of the UNAT Statute nor Article 2(7)(b) of the UNDT Statute conferred any jurisdiction to hear an application for revision of a judgment of the former UN Administrative Tribunal. UNAT held that the application before UNDT was not receivable because UNDT had no jurisdiction to hear the application. UNAT held that, while it confirmed the UNDT’s conclusion, it found that UNDT, in reaching its conclusion, relied on the wrong reasons and failed to follow the binding jurisprudence of UNAT. UNAT dismissed the appeal.

UNAT considered Mr Elasoud’s application for revision of judgment No. 2011-UNAT-173. UNAT held that the grounds set out by Mr Elasoud did not come within Article 11(1) of the UNAT Statute, and he did not specify any fact of which he and UNAT were not aware when his appeal was considered. UNAT held that a review of the application showed that Mr Elasoud merely disagreed with the decision of UNAT. UNAT dismissed the application for revision.

UNAT considered Mr Gharemani’s request for revision of judgment No. 2011-UNAT-171. UNAT held that the request was a disguised way to criticise the judgment or to expose grounds to disagree with it, following a style of cross-reference to other documents that made it mostly incomprehensible and indirectly violated the page limitation for such an application. UNAT held that there was no reason why Mr Gharemani could not have filed his petition for revision within 30 days of the discovery of the facts as provided for in Article 11(1) of the UNAT Statute. UNAT held that the request was time-barred...

UNAT considered an application for revision of both judgment No. 2010-UNAT-098 (underlying judgment) and judgment No. 2011-UNAT-163 (judgment on application for revision). UNAT held that the application for revision of the underlying judgment was not receivable, as it was time-barred for not having been made within one year of the underlying judgment. UNAT held that the UNAT Statute and its Rules of Procedure did not provide for the revision of a judgment on revision and that to allow such an application would defeat the purpose of the one-year time limit. UNAT held that the application for...

UNAT considered an application for execution of judgment No. 2011-UNAT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of UNAT, namely, that the Secretary-General should pay her two years’ salary in lieu of an effective reinstatement. UNAT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by UNAT. UNAT held that Ms Frechon could seek execution of UNAT’s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy...