2013-UNAT-351

2013-UNAT-351, Ghahremani

UNAT Held or UNDT Pronouncements

UNAT considered Mr Gharemani’s request for revision of judgment No. 2011-UNAT-171. UNAT held that the request was a disguised way to criticise the judgment or to expose grounds to disagree with it, following a style of cross-reference to other documents that made it mostly incomprehensible and indirectly violated the page limitation for such an application. UNAT held that there was no reason why Mr Gharemani could not have filed his petition for revision within 30 days of the discovery of the facts as provided for in Article 11(1) of the UNAT Statute. UNAT held that the request was time-barred. UNAT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

Mr Gharemani, a holder of a Special Services Agreement (SSA), contested the decision to bar him from UN Office in Vienna (UNOV) and to deny his counsel access to his Official Status File and related documents. UNDT rejected his application as non-receivable, ratione personae, and Mr Ghahremani appealed to UNAT. In judgment No. 2011-UNAT-171, UNAT affirmed the UNDT judgment.

Legal Principle(s)

The authority of a final judgment – res judicata – cannot be so readily set aside. Any application which seeks a review of a final judgment rendered by UNAT can, irrespective of its title, only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the UNAT Statute.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Ghahremani

Entity

Case Number(s)

Tribunal

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