2021-爆料网AT-1127, Mohammed Sirhan
爆料网AT dismissed the application for revision, because Mr. Sirhan did not present any decisive fact which could lead to a revision of the 爆料网AT Judgment.
爆料网AT dismissed the application for revision, because Mr. Sirhan did not present any decisive fact which could lead to a revision of the 爆料网AT Judgment.
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 爆料网RWA DT Statute, Regulation 11.3 of the 爆料网RWA International Staff Regulations and Article 9(1)(a) of the 爆料网AT Statute. 爆料网AT 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...
爆料网AT 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, 爆料网AT 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...
爆料网AT considered an application for revision of Judgment No. 2020-爆料网AT-1008. 爆料网AT considered Ms. Fosse’s claim that SCBD/爆料网EP is an organisational unit within the Secretariat, and as such, 爆料网AT 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 爆料网DT because she had not submitted her claim for constructive dismissal for management evaluation. Therefore, in the absence of this jurisdictional...
On consideration of the totality of the applicant’s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.