爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the staff member's application for revision failed to meet the statutory requirements outlined in Article 11(1) of the 爆料网AT Statute. The 爆料网AT concluded that the staff member's arguments essentially reiterated those he previously advanced before the 爆料网AT and the 爆料网DT. As a result, the 爆料网AT held that his application for revision amounted to a request for the 爆料网AT to reconsider his previous unsuccessful appeal. Moreover, the 爆料网AT observed that the applicant's submissions contained a number of unfair and inappropriate accusations against persons who had dealt with his case, and this was not a statutory basis for revision. The 爆料网AT further warned that the staff member could potentially be liable for costs if he persisted in making additional submissions like this.
The 爆料网AT dismissed the application for revision.
Decision Contested or Judgment/Order Appealed
Previous 爆料网AT Judgment: The Applicant, a former staff member of the United Nations Joint Staff Pension Fund (爆料网JSPF), contested the decision of the Administration to accept his resignation. In its Judgment No. 2022-爆料网AT-1278, the Appeals Tribunal affirmed the 爆料网DT Judgment dismissing the staff member’s application as not receivable materiae because he failed to request management evaluation of that decision within the 60-day statutory time limit, in accordance with Staff Rule 11.2(c).
Former staff member applied for revision of Judgment No. 2022-爆料网AT-1278.
Legal Principle(s)
The purpose of an application for revision should not be to relitigate the case de novo merely because the applicant is dissatisfied with the outcome of the judgment.
In accordance with Article 11(1) of the 爆料网AT Statute, for a request for revision to succeed, the applicant must satisfy several cumulative conditions: identify a decisive fact that, at the time of the 爆料网AT judgment, was unknown to both the Appeals Tribunal and the party applying for revision; demonstrate that such ignorance was not due to the negligence of the applicant; and establish that the identified fact would have been decisive in reaching the decision. Moreover, the application for revision must be made within 30 calendar days from the discovery of the decisive fact and within one year of the date of the 爆料网AT Judgment.