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The Tribunal found that Mr. Issa¡¯s application does not satisfy the stringent prerequisites for receivability under the UNAT Statute, namely, that the decisive fact he now relies upon, that all UNRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.

The UNAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with UNRWA¡¯s directives to advise the Agency of his...

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment No...

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment No...

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, 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...

The UNAT held that the applicant¡¯s reliance on Article 2 of the UNAT Statute for his application for revision was misguided and as such, was not receivable and lacked merit. The UNAT nonetheless reviewed his application for revision under the appropriate legal framework, which is in Article 11 of the UNAT Statute and Article 24 of the UNAT Rules of Procedure.

The UNAT held that other than the application being filed within one year of the UNAT Judgment at issue, the application for revision did not comply with any of the statutory requirements. There was no fact discovered after the issuance...

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

The UNAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the UNAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The UNAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the UNAT.

The UNAT dismissed the application for revision.

Accountability Referral: The UNAT noted...

After consulting the Staff Regulations and Rules and the Respondent¡¯s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent¡¯s argument that a Military Officer was authorized to conduct a breathalyzer...