2015-UNAT-573

2015-UNAT-573, Walden

UNAT Held or UNDT Pronouncements

UNAT considered a request for revision of judgment No. 2014-UNAT-436 as well as a motion requesting that UNAT strike certain paragraphs from it. UNAT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. UNAT held that his application was not receivable. UNAT dismissed the application for revision.

Decision Contested or Judgment Appealed

Previous UNAT judgment: The Applicant appealed the decision to terminate his appointment for knowingly misrepresenting his academic qualifications. In judgment No. 2014-UNAT-436, UNAT found that termination was not disproportionate to the offense, taking into account that the Applicant’s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which would never have qualified him for selection by the Organisation. UNAT vacated judgment No. UNRWA/DT/2013/011.

Legal Principle(s)

To be successful in a request for revision, an applicant must show: the decisive facts were unknown to both UNAT and the party applying for revision at the time of the UNAT judgment; that such ignorance was not due to the negligence of the applicant; and that the facts identified would have been decisive in reaching the decision.

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

Walden

Entity

UNRWA

Case Number(s)

2014-658

Tribunal

UNAT

Registry Location :

New York