2022-Ä¢¹½ÊÓÆµAT-1273, Mathieu Mukeba wa Mukeba
Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.
Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.
Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-Ä¢¹½ÊÓÆµAT-1078, claiming that the filing of the Secretary-General¡¯s appeal had a suspensive effect on the ongoing proceedings in the Ä¢¹½ÊÓÆµDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once Ä¢¹½ÊÓÆµAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. Ä¢¹½ÊÓÆµAT found that Mr. Abdalla had failed to point to any statement or consideration in the Ä¢¹½ÊÓÆµAT Judgment which would...
The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-Ä¢¹½ÊÓÆµAT-1118, on grounds that he was unable to effectuate the compensation awarded in the Ä¢¹½ÊÓÆµDT Judgment because Mr. Dieng refused to provide his banking details. Ä¢¹½ÊÓÆµAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. Ä¢¹½ÊÓÆµAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...
Ä¢¹½ÊÓÆµAT considered an application for revision of Judgment No. 2021-Ä¢¹½ÊÓÆµAT-1106. With reference to Article 11 of the Ä¢¹½ÊÓÆµAT Statute, Ä¢¹½ÊÓÆµAT held that it was neither satisfied that the blank tax returns as provided by Mr. Giles¡¯ were unknown to the Ä¢¹½ÊÓÆµAT and to the party applying for the revision at the time the relevant Judgment was rendered nor that the blank tax returns were a decisive fact. Ä¢¹½ÊÓÆµAT held that the Applicant reiterated arguments he had made previously, which was not the purpose nor intention of an application for revision of judgment. Ä¢¹½ÊÓÆµAT dismissed the application for revision.
The staff member applies for revision of Judgment on account that both he and Ä¢¹½ÊÓÆµAT were unaware of various Ä¢¹½ÊÓÆµRWA DT Judgments dealing with service-incurred injury cases. Ä¢¹½ÊÓÆµAT rejected the application for revision on account that the nature of the injury, whether service-incurred or not, had no bearing on whether the staff member was debarred from receiving compensation. The reason he was denied compensation was because he did not assign his right of action, not because of the nature of his injury, service-incurred or not. Furthermore, Ä¢¹½ÊÓÆµAT also reasoned prior Ä¢¹½ÊÓÆµRWA DT judgments do not...
Ms. Reilly filed an application for correction. Ä¢¹½ÊÓÆµAT found that her application was in substance both an application for correction and revision. Ä¢¹½ÊÓÆµAT dismissed the application. Ä¢¹½ÊÓÆµAT held that the corrections sought were of no material relevance to the outcome and reasoning of the judgment. With respect to one correction sought, Ä¢¹½ÊÓÆµAT noted that the Secretary-General conceded that he had furnished the Appeals Tribunal with incorrect information - Ms. Reilly was on special leave with pay for four rather than six days in October 2019. Ä¢¹½ÊÓÆµAT, however, found that that was not a decisive fact, as it...
Ä¢¹½ÊÓÆµAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓÆµ Administration Tribunal. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable and dismissed the application.
Ä¢¹½ÊÓÆµAT considered an application for revision judgment No. 2010-Ä¢¹½ÊÓÆµAT-098. Ä¢¹½ÊÓÆµAT held that the application did not meet the statutory requirements of the Ä¢¹½ÊÓÆµAT Statute. Ä¢¹½ÊÓÆµAT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by Ä¢¹½ÊÓÆµAT for vacating the Ä¢¹½ÊÓÆµDT judgment and affirming the administrative decision of summary dismissal. Ä¢¹½ÊÓÆµAT held that the application was not admissible since it repeated an argument already examined and...
Ä¢¹½ÊÓÆµAT considered the application for revision of judgment No. 2010-Ä¢¹½ÊÓÆµAT-014 by Mr Luvai. Ä¢¹½ÊÓÆµAT considered the allegation that the Legal Officer who was assigned to the case before Ä¢¹½ÊÓÆµDT was a Facebook ¡°friend¡± of Judge Boolell, the then Ä¢¹½ÊÓÆµDT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. Ä¢¹½ÊÓÆµAT held that Mr Luvai offered not a shred of proof of anything improper. Ä¢¹½ÊÓÆµAT denied the application.
The former staff members filed an application for revision of judgment 2010-Ä¢¹½ÊÓÆµAT-034. Ä¢¹½ÊÓÆµAT held that none of the facts presented fulfilled the requirements of Article 11(1) of the Ä¢¹½ÊÓÆµAT Statute and Article 24 of the Rules of Procedure. Ä¢¹½ÊÓÆµAT held that the application for revision was an attempt to relitigate the case. Ä¢¹½ÊÓÆµAT dismissed the application for revision.