UNDT/2015/006 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2015/006, Gakumba

UNAT Held or UNDT Pronouncements

Receivability - The Application was found to be manifestly inadmissible. The Dispute Tribunal does not have the jurisdiction to revise a judgment after the Appeals Tribunal has ruled on the same matter. The request filed by the Applicant did not fulfil the statutory requirements and constituted, in fact, a disguised way to attempt to re-open the case. Abuse of Process - Article 10.6 of the Statute of the Dispute Tribunal stipulates that where a party has manifestly abused the proceedings before it, costs may be awarded against the offending party. The Tribunal found that the Applicant had manifestly abused its process by filing an application that is blatantly frivolous and moot. The Tribunal ordered costs against the Applicant in the amount of USD500.

Decision Contested or Judgment Appealed

The Applicant is a former staff member of the United Nations Development Programme (UNDP) in Kigali, Rwanda. On 13 January 2015, he filed an Application in which he purported to seek for a Revision of Judgment No. 2013-UNAT-387.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Gakumba

Entity

UNDP

Case Number(s)

UNDT/NBI/2015/26

Tribunal

UNDT

Registry Location :

Nairobi