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UNDT rejected the UNHCR’s allegation that the rescission request to the Joint Appeals Board (JAB) was inadmissible as time-barred. In light of ST/AI/2005/12, UNDT found that the Director of UNHCR Medical Service had the authority to convoke the Applicant at any moment to undergo a medical examination to verify whether his state of health permitted him to discharge the functions he was assigned to. UNDT noted that the Applicant fell ill and was placed on sick leave for an indefinite period by his personal doctor following an incident with his supervisor which occurred on 8 October 2007. UNDT...

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo UNDT/2011/168, by which the UNDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the UNDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The UNDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the UNAT, which was therefore seized of the matter.

In view of the Applicant’s submission, the case was found moot and the application was dismissed. The Applicant alleged that UNAMA reneged on an undertaking made in her previous application for suspension of action in May 2012, thus frustrating her temporary engagement. The Respondent submitted that the Administration had no objections to the Applicant going on a non-reimbursable loan, and that successful efforts were made to find the Applicant a temporary assignment with the United Nations Integrated Mission in Timor-Leste (“UNMIT”). The Applicant subsequently filed a submission informing the...

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.

Receivability The application registered under Case No. UNDT/GVA/2015/182, insofar as it is directed against the decision to discontinue the post encumbered by the Applicant, is not receivable ratione materiae. In his application registered under Case No. UNDT/GVA/2016/039, the Applicant contests his separation from service effective 2 March 2016 and the non-renewal of his appointment, as a result of the abolition of his post. This is an administrative decision resulting from the restructuring and the abolition of the Applicant’s post. Merits Procedural regularity The noncompliance with a...

Whilst the prescribed form refers to “judgments” and not “orders”, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...