2018-UNAT-890

2018-UNAT-890, Mbaigolmem

UNAT Held or UNDT Pronouncements

UNAT considered an application for revision of judgment filed by Mr Mbaigolmem. UNAT held that Mr Mbaigolmem had to prove that he had discovered a decisive fact that was unknown to both him and UNAT at the time of judgment. UNAT held that Mr Mbaigolmem had failed to establish an unknown decisive fact that could warrant revision of the judgment. UNAT dismissed the application for revision of judgment.

Decision Contested or Judgment/Order Appealed

UNAT previous judgment: The Applicant contested the decision to separate him from service on the grounds of disciplinary procedures related to sexual harassment. UNDT found that the disciplinary sanction imposed on the Applicant was unlawful. UNDT ordered the rescission of the disciplinary measure and remanded the decision to the Administration for it to resume the disciplinary procedure. UNDT ordered, as an alternative, in-lieu compensation. In judgment 2018-UNAT-819, UNAT upheld the Secretary-General’s appeal and vacated the UNDT judgment finding that the disciplinary measure imposed on the Applicant for his serious misconduct was proportionate.

Legal Principle(s)

Any application which seeks revision of a final judgment rendered by UNAT can only succeed if it fulfills the strict and exceptional criteria established by Article 11. 1. The issuance of a judgment by UNAT does not constitute an unknown decisive fact, apt to support revision. The principles of judicial review applicable in a disciplinary case under Article 2. 1 (b) of the UNDT Statute are well-established. They require consideration of the evidence adduced and the procedures utilized during the investigation by the Administration.

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

Mbaigolmem

Entity

Case Number(s)

Tribunal

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