UNDT/2013/107 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/107, Al-Mulla

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant had already submitted these two documents along with his initial application of 19 December 2011 on which judgment No. UNDT/2012/045 was issued. Therefore, the Applicant cannot claim that these facts were new or that the Tribunal was unaware of them, since both documents were part of the application of 19 December 2011. The UNDT considered that the application for revision constituted an abuse of process for which the Applicant should bear costs of 800 USD based on art. 10.6 of the Statute of the Tribunal.

Decision Contested or Judgment Appealed

The Applicant applied for revision of judgment No. UNDT/2012/045, based on the alleged discovery of a decisive new fact, namely an email of 4 December 2009 regarding his contractual situation and his request for management evaluation of said email, dated 21 December 2009.

Legal Principle(s)

Documents already on file when the initial judgment is rendered cannot constitute new decisive facts in the context of an application for revision of same judgment, under art. 12.1 of the Statute of the Tribunal. Such a request may constitute an abuse of process for which the Tribunal may award costs.

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

Al-Mulla

Entity

�山��Secretariat

Case Number(s)

UNDT/GVA/2013/19

Tribunal

UNDT

Registry Location :

Geneva