UNDT/2012/040, Likuyani
A decisive or material fact as per art. 29 of the Tribunal’s Rules of Procedure is one that was not known at the time the judgment was given. The said fact must be of such significant weight that its consideration in the case should lead to a revision of the judgment. The Dispute Tribunal has power to revise the judgments of the former UN Administrative Tribunal, being its successor and subject to compliance with the provisions of art. 29 of the Tribunal’s Rules of Procedure. The issue of power to suspend a staff member during the disciplinary process is a matter of law and not of fact.
The Applicant filed an “Application for Revision of Judgment Number 976”, in which he requested UNDT to revise the whole of former UN Administrative Tribunal Judgment No. 976, Likuyani (2000).
This Application fails to satisfy the requirements of art. 29 of the UNDT Rules of Procedure.