2014-UNAT-492

2014-UNAT-492, Gakumba

UNAT Held or UNDT Pronouncements

UNAT considered Mr Gakumba’s application for revision of judgment No. 2013-UNAT-387. UNAT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. UNAT held that it would be manifestly unreasonable to submit that the UNDP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the UNDT, or in 2013 before UNAT. UNAT held that no valid reason had been provided about the untimely submission of the application for revision. UNAT dismissed the application for revision.

Decision Contested or Judgment Appealed

Previous UNAT Judgment: Mr Gakumba contested his separation. In Judgment No. UNDT/2012/192, UNDT found that this decision was tainted by due process and procedural violations and ordered Mr Gakumba’s reinstatement or compensation in lieu of reinstatement. UNDT also ordered compensation for the due process and procedural violations. In Judgment No. 2013-UNAT-387, UNAT considered the Secretary-General’s appeal and allowed it in part. UNAT reduced the in-lieu compensation and affirmed the award for due process and procedural violations.

Legal Principle(s)

The authority of a final judgment – res judicata – cannot be so readily set aside. Any application which, in fact, seeks a review of a final judgment rendered by UNAT can, irrespective of its title, only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the UNAT Statute.

Outcome

Revision, correction, interpretation or execution

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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

Gakumba

Entity

UNDP

Case Number(s)

2014-579

Tribunal

UNAT

Registry Location :

New York