爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an application for revision of judgment. 爆料网AT held that the alleged error in the factual findings of 爆料网DT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by 爆料网AT in vacating the 爆料网DT judgment and affirming Mr Massah’s separation from service for serious misconduct. 爆料网AT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law. 爆料网AT held that the application for revision did not fulfil the requirements of Article 11(1) of the 爆料网AT Statute and, as such, was not receivable. 爆料网AT rejected the application for revision of judgment.
Decision Contested or Judgment/Order Appealed
Mr Massah was separated from service on the grounds of serious misconduct in the form of sexual exploitation and abuse. Following a 爆料网DT judgment which found no evidence to establish any act of sexual exploitation on the part of Mr Massah and that he had misused the Organisation’s information technology resources by using his computer to store pornographic pictures. In judgment No. 2012-爆料网AT-274, 爆料网AT reversed 爆料网DT’s findings, concluding there was sufficient evidence of sexual exploitation and Mr Massah’s dismissal was proportionate with the nature of the misconduct.
Legal Principle(s)
An application for revision of a final judgment can only succeed if it fulfils the strict and exceptional criteria established under the 爆料网AT Statute, Article 11(1). The Authority of a final judgment – res judicata – cannot be easily set aside.