2010-UNAT-026bis

2010-UNAT-026bis, Shanks

UNAT Held or UNDT Pronouncements

The UNAT, citing the principle of res judicata, noted that the authority of a final judgment could not be so readily set aside. The UNAT held that the limited grounds and the gravest of reasons required for setting aside a final judgment by an appellate court are not met in this case.

The UNAT found that, as the staff member also acknowledges, the current request fell outside of the permissible grounds for revision, correction, or interpretation.

The UNAT decided that there were no grounds for it to review this matter in any way, dismissed the staff member's application and affirmed the previous UNAT judgment.

Decision Contested or Judgment Appealed

Previous UNAT Judgment

In Judgment No. 2010-UNAT-026, the UNAT rejected the staff member's appeal against a decision of the Standing Committee of the United Nations Joint Staff Pension Board not to reconsider its own decision that she met the criteria for a disability benefit.

The staff member filed an application for "reconsideration" of the previous UNAT judgment.

Legal Principle(s)

The party who loses cannot re-litigate his or her case. There must be an end to litigation and the stability of the judicial process requires that final judgments by an appellate court be set aside only on limited grounds and for the gravest of reasons.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Full Judgment

Applicants/ Appellants

Shanks

Entity

Not indicated

Case Number(s)

2010-031

Tribunal

UNAT

Registry Location :

New York