2020-UNAT-996 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-996, Oglesby

UNAT Held or UNDT Pronouncements

UNAT considered an application for revision of judgment No. 2019-UNAT-914 from Mr Oglesby. UNAT held that Mr Oglesby failed to establish the required grounds for a revision of judgment, namely the discovery of a decisive fact that was, at the time the judgment was rendered, unknown to UNAT and the party applying for revision. UNAT noted that it had concluded in the impugned judgment that it was unable to apply the �山��Charter or the UDHR directly, or strike down clear UNJSPF Regulations. UNAT opined that it was within the combined powers of the UNJSPF, the Secretary-General and the General Assembly to right this obvious disconnection from human rights norms for Mr Oglesby and others in his situation. UNAT requested that both judgments be brought to the attention of the Secretary-General and the General Assembly. UNAT dismissed the application for revision.

Decision Contested or Judgment Appealed

In judgment No. 2019-UNAT-914, UNAT affirmed the decision of UNJSPF to deny widowhood benefits to Mr Oglesby and dismissed his appeal. Under UNJSPF Regulations, Mr Oglesby was required to be married at the time of his separation from service in order to receive those benefits; however, at the time of his separation (1998), same-sex marriage was not legal anywhere in the world and therefore he was unable to marry his partner.

Legal Principle(s)

Left deliberately blank

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

Oglesby

Entity

UNJSPF

Case Number(s)

2019-1307

Tribunal

UNAT

Registry Location :

New York