2020-UNAT-1026

2020-UNAT-1026, Diallo

UNAT Held or UNDT Pronouncements

UNAT considered an application revision of judgment No. 2019-UNAT-936 by Mr Diallo. UNAT held that Mr Diallo failed to establish the statutory conditions that had to be fulfilled before a judgment could be revised, namely there was no discovery of a decisive fact which was, at the time the judgment was rendered, unknown to UNAT and to him. UNAT held that an application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal. UNAT dismissed the application for revision.

Decision Contested or Judgment Appealed

Mr. Diallo contested the termination of his appointment for unsatisfactory performance. In judgment No. 2019-UNAT-936, UNAT affirmed the UNDT judgment No. 2019/UNDT/002 which had dismissed his application as not receivable for failure to request management evaluation prior to submitting the application to UNDT.

Legal Principle(s)

An application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal.

Outcome

Revision, correction, interpretation or execution

Outcome Extra Text

Eng

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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

Diallo

Entity

UNFPA

Case Number(s)

2019-1333

Tribunal

UNAT

Registry Location :

New York