2014-UNAT-474

2014-UNAT-474, Al-Mulla

UNAT Held or UNDT Pronouncements

As a preliminary matter, UNAT dismissed the Appellant’s motion “for a finding of the Respondent’s dissembling. ” With respect to the substance of the appeal, UNAT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to return him to his original P-3 position. UNDT considered an application for revision of judgment No. UNDT/2013/129. UNDT dismissed his application as baseless and submitted outside the time limits. UNDT also rejected the Secretary-General’s request for costs against the Applicant, holding that while the application bordered on abuse, it was not manifestly so.

Legal Principle(s)

An application for revision is only receivable if it fulfils the strict and exceptional criteria established by the UNAT Statute.

Outcome

Appeal dismissed on merits

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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

Al-Mulla

Entity

UNODC

Case Number(s)

2013-547

Tribunal

UNAT

Registry Location :

New York