2022-UNAT-1224 | SYSTEM OF ADMINISTRATION OF JUSTICE

2022-UNAT-1224, Howard Andrew Giles

UNAT Held or UNDT Pronouncements

UNAT considered an application for revision of Judgment No. 2021-UNAT-1106. With reference to Article 11 of the UNAT Statute, UNAT held that it was neither satisfied that the blank tax returns as provided by Mr. Giles’ were unknown to the UNAT and to the party applying for the revision at the time the relevant Judgment was rendered nor that the blank tax returns were a decisive fact. UNAT held that the Applicant reiterated arguments he had made previously, which was not the purpose nor intention of an application for revision of judgment. UNAT dismissed the application for revision.

Decision Contested or Judgment Appealed

Previously, the Applicant challenged the decision of the Advisory Board on Compensation Claims (ABCC) not to reverse its prior recommendation to the Secretary-General to discontinue his partial disability benefit. In Judgment No. 2021-UNAT-1106, UNAT affirmed the UNDT’s Judgment No. UNDT/2020/091, in which the UNDT dismissed Mr. Giles’ challenge.

Legal Principle(s)

An application seeking revision of a final judgment of UNAT can only succeed if it fulfils the strict and exceptional criteria established under Article 11 of the UNAT Statute. An application for revision is not a substitute for an appeal and no party may seek revision of a judgment merely because he or she is dissatisfied with it and wants to have a second round of litigation.

Outcome

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

Howard Andrew Giles

Entity

�山��Secretariat

Case Number(s)

2021-1564

Tribunal

UNAT

Registry Location :

New York