2020-Ģ��ƵAT-1059

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an application for revision of judgment No. 2019-Ģ��ƵAT-948 by Ms Bezziccheri. Ģ��ƵAT considered Ms Bezziccheri��s claim that ST/AI/2019/1 was unknown to her and Ģ��ƵAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of Ģ��ƵAT can be revised, Ģ��ƵAT held that the fact that ST/AI/2019/1 was known to Ģ��ƵAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, Ģ��ƵAT noted that ST/AI/2019/1 was not determinative of Ms Bezziccheri��s case, but that it was referred to by Ģ��ƵAT as a non-binding suggestion to help the parties. Ģ��ƵAT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

In judgment No. 2019-Ģ��ƵAT-948, Ģ��ƵAT dismissed the Appellant��s appeal and affirmed the decision of Ģ��ƵDT in which it had declined to recommend her for consideration for a disability benefit by the United Nations Staff Pension Committee (Ģ��ƵSPC).

Legal Principle(s)

The three elements that an applicant for revision must establish cumulatively before a final judgment of Ģ��ƵAT can be revised are: (1) the previously absent fact must be decisive of the case; (2) that fact must have been unknown to Ģ��ƵAT and the Applicant at the time the Ģ��ƵAT judgment was rendered; and (3) such ignorance of the fact cannot have been attributable to negligence, presumably of the applicant.

Outcome

Revision, correction, interpretation or execution

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Bezziccheri

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement