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UNAT considered an application for revision of judgment No. 2019-UNAT-948 by Ms Bezziccheri. UNAT considered Ms Bezziccheri’s claim that ST/AI/2019/1 was unknown to her and UNAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of UNAT can be revised, UNAT held that the fact that ST/AI/2019/1 was known to UNAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, UNAT noted that ST/AI/2019/1 was not determinative of Ms...

The Applicant sought revision of judgment 2019-UNAT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General’s Office (IGO) of UNHCR had not made a finding on whether the hiring manager’s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to UNAT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...

UNAT considered an application for revision of judgment No. 2019-UNAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by UNAT, and in particular its reference to the need to have Mr Rolli’s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required UNAT to revise its judgment. UNAT held that neither the remand order of UNAT nor the need to have the Appellant’s appeal considered by a neutral first instance body, coupled with the objective inability of the...

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.

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...

UNAT considered an application for revision of Judgment No. 2020-UNAT-1055. UNAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the UNRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout’s application was dismissed.

The staff member submits that the “decisive fact” which was unknown to him and to the Appeals Tribunal was the erroneous interpretation and application from case to case of Article 10(5) of the UNRWA DT Statute, Regulation 11.3 of the UNRWA International Staff Regulations and Article 9(1)(a) of the UNAT Statute. UNAT disagreed that a variance in the interpretation or application of the law from case to case constitute a “decisive fact” that would warrant revision. The Tribunal dismissed the application, finding that it did not meet the statutory requirements and that it was in fact a disguised...

UNAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, UNAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...

UNAT considered an application for revision of Judgment No. 2020-UNAT-1008. UNAT considered Ms. Fosse’s claim that SCBD/UNEP is an organisational unit within the Secretariat, and as such, UNAT purportedly erred when it deemed her transfer to that unit in effect caused her to relinquish her lien on the Chief of OSS post, which is located within the Secretariat. However, the Tribunal reasoned Ms. Fosse’s application was inter alia rejected by the UNDT because she had not submitted her claim for constructive dismissal for management evaluation. Therefore, in the absence of this jurisdictional...

Article 11.3 of the UNDT statute provides that in the absence of an appeal, a UNDT judgment shall be executable following the expiry of the time provided for appeal in the statute of the Appeals Tribunal. Article 12.1 of the UNDT statute provides, among other things, that a party may apply to the UNDT for a revision of an executable judgment on the basis of the discovery of a decisive fact. It results from the above-mentioned provisions read together that if a party discovers a decisive fact before the expiry of the time provided for appeal, that party may challenge the judgment rendered by...