2010-Ģ��ƵAT-029bis

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT interpreted the application as a request for a correction of the previous Ģ��ƵAT judgment.

The Ģ��ƵAT noted that the case file of the former United Nations Administrative Tribunal revealed that the President of that Tribunal had extended the deadline for filing the appeal but a copy of that decision had not been placed in the file submitted to the Ģ��ƵAT. The Ģ��ƵAT observed that it had rendered its judgment to reject the appeal, without being aware of the President's decision.

The Ģ��ƵAT found, however, that the staff member's appeal was received by the United Nations Administrative Tribunal after the extended appeal period and, accordingly, the error committed by the Ģ��ƵAT did not alter the essence of the judgment.

The Ģ��ƵAT was of the view that the error had to be regarded as an inadvertent mistake which could be rectified. The Ģ��ƵAT held that the error had to be corrected.

In addition, the Ģ��ƵAT noted that the words "letter of notification" were used instead of the words "letter of appointment" and that this second error had to be corrected ex officio.

The Ģ��ƵAT corrected the previous Ģ��ƵAT judgment.

Decision Contested or Judgment/Order Appealed

Previous Ģ��ƵAT Judgment

In Judgment No. 2010-Ģ��ƵAT-029, the Ģ��ƵAT rejected the staff member's appeal on the grounds that it had been filed late and was therefore not receivable. In the same judgment, the Ģ��ƵAT noted that even if the appeal had been receivable, it was without merit.

The staff member filed an application for "reconsideration" of the previous Ģ��ƵAT Judgment.

Outcome

Revision, correction, interpretation or execution

Outcome Extra Text

The Ģ��ƵAT amended paragraph 15 of its previous judgment to correctly account for an extension having been granted for filing the appeal

The Ģ��ƵAT replaced, in the second sentence of paragraph 16, the words "letter of notification" by the words "letter of appointment".

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

El-Khatib

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement