2024-UNAT-1416, Langa Dorji
The UNAT held that the staff member's application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute. The UNAT concluded that the staff member's arguments essentially reiterated those he previously advanced before the UNAT and the UNDT. As a result, the UNAT held that his application for revision amounted to a request for the UNAT to reconsider his previous unsuccessful appeal. Moreover, the UNAT observed that the applicant's submissions contained a number of unfair and inappropriate accusations against persons who had dealt with his case, and this was not a statutory basis for revision. The UNAT further warned that the staff member could potentially be liable for costs if he persisted in making additional submissions like this.
The UNAT dismissed the application for revision.
Previous UNAT Judgment: The Applicant, a former staff member of the United Nations Joint Staff Pension Fund (UNJSPF), contested the decision of the Administration to accept his resignation. In its Judgment No. 2022-UNAT-1278, the Appeals Tribunal affirmed the UNDT Judgment dismissing the staff member’s application as not receivable materiae because he failed to request management evaluation of that decision within the 60-day statutory time limit, in accordance with Staff Rule 11.2(c).
Former staff member applied for revision of Judgment No. 2022-UNAT-1278.
The purpose of an application for revision should not be to relitigate the case de novo merely because the applicant is dissatisfied with the outcome of the judgment.
In accordance with Article 11(1) of the UNAT Statute, for a request for revision to succeed, the applicant must satisfy several cumulative conditions: identify a decisive fact that, at the time of the UNAT judgment, was unknown to both the Appeals Tribunal and the party applying for revision; demonstrate that such ignorance was not due to the negligence of the applicant; and establish that the identified fact would have been decisive in reaching the decision. Moreover, the application for revision must be made within 30 calendar days from the discovery of the decisive fact and within one year of the date of the UNAT Judgment.