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1317-1371 Judgements of the United Nations Administrative Tribunal 1 (2007)

handle is hein.unl/junadtt0025 and id is 1 raw text is: United
Nations

AT/DEC/1317

Administrative Tribunal

Distr. Limited
28 September 2007
Original: English

Case No. 1301

ADMINISTRATIVE TRIBUNAL
Judgement No. 1317
Against:  The Secretary-General
of the United Nations

THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS,
Composed of Ms. Jacqueline R. Scott, First Vice-President, presiding; Mr. Dayendra Sena Wijewardane,
Second Vice-President; Mr. Julio Barboza;
Whereas, on 7 June 2005, a former staff member of the United Nations, filed an Application in which she
requested, in accordance with article 12 of the Statute of the Tribunal, the revision of Judgement No. 1212, rendered
by the Tribunal on 24 November 2004;
Whereas at the request of the Respondent, the President of the Tribunal granted an extension of the time
limit for filing a Respondent's answer until 30 November 2005;
Whereas the Respondent filed his Answer on 7 November 2005;
Whereas the Applicant filed Written Observations on 13 December 2005;
Whereas the facts in the case were set forth in Judgement No. 1212.
Whereas the Applicant's principal contentions are:
1.      The Tribunal erred in relying upon Appendix F to the Staff Rules.
2.      The Tribunal engaged in deliberately misleading handling of facts in Judgement No. 1212. Its
handling of both legal and mathematical evidence makes its Judgement unsubstantiated and puts in question its
fairness.
3.      The Tribunal did not meet the requirement of article 11, paragraph 3, of its Statute in Judgement
No. 1212.

4.      The issue of the teachers' annual leave needs to be resolved.

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