UNDT/2013/175, Belhachmi
The Applicant’s request for recusal was not receivable and did not warrant a referral to the President of the Tribunal for determination. The Applicant’s claims were all of a substantive nature and would have been more appropriately dealt with by an appellate Tribunal. There was nothing to rectify or correct in the judgment as none of the particulars listed in the application were related to any errors.
The Applicant contested the non-renewal of her contract, alleging gender abuse and discrimination, and a ‘medical component.’ She filed a formal recusal request against the Judge handling the case and also filed a request for correction of the receivability Judgment UNDT/2012/051.
A conflict pertains to the ability, impartiality and independence of a judge to adjudicate a case. Correction or rectification of a judgment is strictly limited to atithmetical mistakes or errors arising from any accidental slip or omission, as provided for in Article 12.2 of the UNDT Statute and Article 31 of the UNDT Rules of Procedure.