The UNAT held that the application for revision must fail since no new and decisive fact has been shown to exist that was unknown to Mr. Bernard and the Appeals Tribunal when the UNAT Judgment was made which would have materially impacted the outcome of said Judgment
The UNAT observed that there may have been some ambiguity in paragraph 104 of the UNAT Judgment for which the Secretary-General requested interpretation. The UNAT held that the appropriate interpretation was that when the UNDT renders its new decision on Article 10(5) and 10(6) of the UNDT Statute, then the non-prevailing party may appeal the new UNDT judgment in its entirety, including the UNDT’s holding on the merits.
The UNAT found that the Secretary-General’s application for interpretation is admissible and granted. It further noted that once the UNDT fully exercises its jurisdiction on...
The UNAT held that the UNDT did not err in finding that ATR’s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The UNAT noted that while Article 10(5)(b) of the UNDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.
The UNAT further held that the UNDT exceeded its jurisdiction in...
The UNAT noted that the UNRWA DT, in its Judgment, had ordered the Commissioner-General to pay Ms. Smadi the difference between the salaries and associated entitlements between her Grade of HL6 and step and the Grade HL7 and step to which she was entitled from 1 August 2017.
The UNAT held that the language of the order was unequivocal, as were its terms. The UNAT found that it had been also clearly expressed in the UNRWA DT Judgment that the US Prime Rate should apply as of 30 May 2023. The UNAT found that the UNRWA DT Judgment, in turn, had been unambiguously affirmed by the Appeals Tribunal...
The UNAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.
The UNAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the UNAT Statute, and the application was denied.
The UNAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.
The UNAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the UNAT Statute, and was denied.
The UNAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the UNAT to reject it. The UNAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The UNAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.
The UNAT was of the view that the request for execution relied on the staff member’s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The UNAT further noted that the Judgment had...
The UNAT noted that the Agency had removed the disputed Note from the staff member’s Official Status File and provided him with his requested certificate of service and performance evaluations. The UNAT found that the appeal in the respective part had therefore become moot.
The UNAT held that even if the issue were not moot, it was not persuaded that the UNWRA DT had exercised its discretion injudiciously or otherwise erred. The UNAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first UNRWA DT Judgment.
The UNAT found that the staff...
The UNAT rejected Mr. Salon’s argument that the prior UNAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The UNAT held that Mr. Salon was not seeking clarification of the UNAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the UNAT Statute’s provisions for an application for interpretation.
The UNAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the UNAT Judgment was clear...
The UNAT held that, since the purpose of compensation in lieu is to place a staff member in the same position he or she would have been had the Organization complied with its contractual obligations, the net base salary to be paid in accordance with the UNAT Judgment was the net base salary that the former staff member would have earned at the date of the contested decision and his separation from service, namely 20 May 2021. Therefore, the UNAT concluded that the Secretary-General’s calculation of two years’ net base salary was appropriate.
The UNAT further held that the deductions made for...
