2011-UNAT-129

2011-UNAT-129, Beaudry

UNAT Held or UNDT Pronouncements

UNAT considered Ms Beaudry’s application for revision of judgment No. 2010-UNAT-129. UNAT held that Ms Beaudry’s arguments were irrelevant if they did not meet the requirements clearly established in the UNAT Statute to ensure the finality of a judgment. UNAT held that the application did not meet the requirements of Article 11 of the UNAT Statute and therefore was manifestly inadmissible. UNAT dismissed the application.

Decision Contested or Judgment Appealed

In judgment No. 2010-UNAT-129, UNAT vacated UNDT judgment No. UNDT/2010/039 and affirmed the Administration’s decision not to renew Ms Beaudry’s appointment of limited duration.

Legal Principle(s)

An application that, in fact, seeks a review of a final UNAT judgment can irrespective of its title, only succeed if it fulfils the strict and exceptional criteria established under Article 11 of the UNAT Statute. Parties cannot rely on UNAT’s inherent power to reconsider to obtain a revision expressly forbidden by its Statute from a rule based on the concept of res judicata.

Outcome

Appeal granted

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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.

Full Judgment

Applicants/ Appellants

Beaudry

Entity

MINUSTAH

Case Number(s)

2010-083

Tribunal

UNAT

Registry Location :

New York