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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 former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the UNDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the UNDT Judgment in that same language. As he received the UNDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the UNAT held that it was filed timely.

Nevertheless, the UNAT found that the former staff member¡¯s application before the UNDT was not receivable ratione temporis. The UNAT observed that the former staff member...

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 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 dismissed the application for revision, finding that none of the alleged new facts were ¡°new facts¡± for the purpose of Article 11(1) of the UNAT Statute. The alleged new facts either occurred after the issuance of the UNAT Judgment, were known to the Appeals Tribunal, or matters of law.

The UNAT granted the application for correction in part, to the extent that the UNAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the UNAT Judgment where the UNAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.

Finally, the...

The UNAT found that the relief sought in the application concerned an issue not previously raised before the UNDT or the UNAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The UNAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The UNAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the UNAT¡¯s decision or the reasons for it.

The UNAT was of the view that there was also...

The UNAT reviewed the submission of the Secretary-General that Ms. Lekoetje had already repaid the amounts due to the Organization when she separated from service. The UNAT acknowledged that Ms. Lekoetje agreed with the Secretary-General¡¯s position, and confirmed that USD 20,987.91 had already been deducted from her final entitlements.

Accordingly, the UNAT accepted this position, and interpreted Judgment No. 2022-UNAT-1227 as requiring a payment by the Organization to Ms. Lekoetje of a sum equal to one year¡¯s net base salary, but without any further deductions.

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...

Mr. Lucchini and the Secretary-General disagreed on whether UNAT confirmed the UNDT¡¯s award of compensation for moral damages, in addition to increasing the amount of in lieu compensation from 10 months to 24 months, or ordered payment of the increased amount of compensation in lieu (of two years¡¯ net base salary) but did not include the original award of compensation for moral harm that had been ordered by the UNDT. Mr. Lucchini filed an application for interpretation seeking confirmation of his view that UNAT¡¯s ruling increased the amount of in lieu compensation from 10 to 24 months¡¯ net...

The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-UNAT-1118, on grounds that he was unable to effectuate the compensation awarded in the UNDT Judgment because Mr. Dieng refused to provide his banking details. UNAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. UNAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...