2013-Ģ��ƵAT-315

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an application for revision and an application for interpretation of judgment No. 2011-Ģ��ƵAT-112, both filed by Ms Abbasi. On the application for revision, Ģ��ƵAT held that it constituted a disguised way to criticise the impugned judgment or to disagree with it, noting that the rules did not allow the use of an application for revision for such a goal or to modify, complete or improve a Ģ��ƵAT judgment. Ģ��ƵAT held that, even if the ��cheating�� in the written test had been qualified as previously unknown and not due to Ms Abbasi��s negligence, it would not have had a decisive impact on the outcome of the case because the circumstance did not affect the performance of Ms Abbasi or of the candidates better qualified than her. Ģ��ƵAT held that this ��unknown�� fact would have been of no interest to Ģ��ƵAT during its review of the Ģ��ƵDT judgment. On the application for interpretation, Ģ��ƵAT held that if a judgment is comprehensive, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible, as per this case. Ģ��ƵAT dismissed both the application for revision and the application for interpretation.

Decision Contested or Judgment/Order Appealed

Ms Abbasi contested her non-selection on grounds of gender discrimination. On appeal, Ģ��ƵAT vacated the Ģ��ƵDT judgment, finding no violation of Ms Abbasi��s right to be equally considered during the selection process and that the Ģ��ƵICEF��s Gender Parity and Equality Policy had been applied in her favour.

Legal Principle(s)

Revision of judgment requires the discovery of a decisive fact which was, at the time the judgment was rendered, unknown to Ģ��ƵAT and to the party applying for revision, provided that such ignorance was not due to negligence. The authority of a final judgment �C res judicata �C cannot be readily set aside. Any application which seeks review of a final judgment rendered by Ģ��ƵAT can only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the Ģ��ƵAT Statute.

Outcome

Appeal granted

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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.

Applicants/Appellants

Abbasi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement