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The staff member submits that the ¡°decisive fact¡± which was unknown to him and to the Appeals Tribunal was the erroneous interpretation and application from case to case of Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute, Regulation 11.3 of the Ä¢¹½ÊÓƵRWA International Staff Regulations and Article 9(1)(a) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT disagreed that a variance in the interpretation or application of the law from case to case constitute a ¡°decisive fact¡± that would warrant revision. The Tribunal dismissed the application, finding that it did not meet the statutory requirements and that it was in fact a disguised...

Ä¢¹½ÊÓƵAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, Ä¢¹½ÊÓƵAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2020-Ä¢¹½ÊÓƵAT-1008. Ä¢¹½ÊÓƵAT considered Ms. Fosse¡¯s claim that SCBD/Ä¢¹½ÊÓƵEP is an organisational unit within the Secretariat, and as such, Ä¢¹½ÊÓƵAT purportedly erred when it deemed her transfer to that unit in effect caused her to relinquish her lien on the Chief of OSS post, which is located within the Secretariat. However, the Tribunal reasoned Ms. Fosse¡¯s application was inter alia rejected by the Ä¢¹½ÊÓƵDT because she had not submitted her claim for constructive dismissal for management evaluation. Therefore, in the absence of this jurisdictional...

Article 11.3 of the Ä¢¹½ÊÓƵDT statute provides that in the absence of an appeal, a Ä¢¹½ÊÓƵDT judgment shall be executable following the expiry of the time provided for appeal in the statute of the Appeals Tribunal. Article 12.1 of the Ä¢¹½ÊÓƵDT statute provides, among other things, that a party may apply to the Ä¢¹½ÊÓƵDT for a revision of an executable judgment on the basis of the discovery of a decisive fact. It results from the above-mentioned provisions read together that if a party discovers a decisive fact before the expiry of the time provided for appeal, that party may challenge the judgment rendered by...

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo Ä¢¹½ÊÓƵDT/2011/168, by which the Ä¢¹½ÊÓƵDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the Ä¢¹½ÊÓƵDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The Ä¢¹½ÊÓƵDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the Ä¢¹½ÊÓƵAT, which was therefore seized of the matter.

Ä¢¹½ÊÓƵDT noted that a party may apply for the revision of a judgment only when that judgment is executable, which was not the case with Judgment Odio-Benito Ä¢¹½ÊÓƵDT/2011/019 given that the Applicant had appealed it before the United Nations Appeals Tribunal. Ä¢¹½ÊÓƵDT held that the application was not receivable ratione materiae and rejected it.

The Tribunal finds that jurisprudence does not constitute a new decisive fact.

Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the Ä¢¹½ÊÓƵDT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for...

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 Ä¢¹½ÊÓƵ 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.

In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by Ä¢¹½ÊÓƵHCR on allegations of corruption in refugee processing in the Nairobi office of Ä¢¹½ÊÓƵHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...