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Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the UNDT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for...

The Tribunal rejected the application and awarded costs for abuse of process.

A judgment on receivability is not an executable judgment. It is not a judgment on the merits of the case where all issues have been adjudicated upon. An executable judgment is one in which the court determines on the substantive issues of the case having heard and deliberated on the evidence and arguments submitted by the parties. In so doing, it ends the dispute before the court which heard it. A judgment on receivability is based on a procedural issue. In the present case, the procedural issue had to do with the timeliness of the application and scope of the court’s jurisdiction where the...

In that judgment, the Tribunal had inter alia found that the decision to require the Applicant to revert to his initial P-3 post had not been the subject of a management evaluation and consequently was not receivable. He requested the Tribunal to vacate certain paragraphs of the judgment. The Tribunal held that for a request for revision to be successful, all the requirements in art.12.1 of its Statute have to be met.

The UNDT found that the Applicant had already submitted these two documents along with his initial application of 19 December 2011 on which judgment No. UNDT/2012/045 was issued. Therefore, the Applicant cannot claim that these facts were new or that the Tribunal was unaware of them, since both documents were part of the application of 19 December 2011. The UNDT considered that the application for revision constituted an abuse of process for which the Applicant should bear costs of 800 USD based on art. 10.6 of the Statute of the Tribunal.

The Tribunal held that there are two stages in the procedure for the interpretation of a judgment. First, receivability must be determined and secondly if it is receivable whether it should be interpreted. Receivability: The Tribunal considered whether the filing of an appeal should be taken to mean that it is under consideration and therefore debar an applicant from an interpretation. The Tribunal held that the mere filing of an appeal against a judgment by one party to a case constitutes no legal impediment to the other party filing for an interpretation because the filing of an appeal is...

The Applicant argued that the decisive fact in support of his application for revision was the alleged perjury of the complainant during the hearing on the merits of Case No. UNDT/GVA/2011/047. The Tribunal found that the audio recording of the hearing did not, and could not, amount to and/or contain new decisive facts unknown to the Dispute Tribunal at the time Judgment UNDT/2011/181 was rendered for it contained all the information and testimony heard by the respective Judge before adjudicating the matter, and his judgment was based on the testimony given by the complainant. The Tribunal...

The Tribunal considered that given the Respondent’s appeal filed on 6 April 2015 against Judgment No. UNDT/2015/012, the judgment is not executable at this stage, pursuant to art. 12.1 of the Dispute Tribunal’s Statute.

The Applicant requests revision of UNDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

Granting an application for revision: As consistently held by the Appeals Tribunal, “the review procedure [of revision] is of a corrective nature and thus is not an opportunity for a party to reargue his or her case” (see Sanwidi 2013-UNAT-321, para. 8. Moreover, an application for revision of a judgment is only receivable if it fulfills the strict and exceptional criteria established under art. 12.1 of the Dispute Tribunal’s Statute and art. 29 of its Rules of Procedure, namely (see James 2016-UNAT-680, para. 13): “… Accordingly, an application for revision of judgment is only receivable if...