爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT noted that in its prior Judgment the 爆料网AT had found that the staff member knew or reasonably should have known of the contested decisions from the date he was notified by email of the reclassification of his post, or at the very latest on the date the initial job opening was advertised on Inspira.
The 爆料网AT held that the alleged new fact that the vacancy for the post was filled 13 months after the staff member left the Organization would not have materially impacted the outcome of its prior Judgment. The 爆料网AT accordingly found the application for revision not receivable ratione materiae.
The 爆料网AT further noted that the application was, in essence, an attempt to reargue the appeal.
The 爆料网AT dismissed the application for revision.
Decision Contested or Judgment/Order Appealed
A former staff member contested an implied decision not to provide him with a copy of the notice of the results of the reclassification exercise of the post he encumbered and the failure to advertise the vacancy of the reclassified post until after he separated from service.
In Judgment No. 爆料网DT/2024/047, the 爆料网DT dismissed the application as not receivable. The staff member appealed.
In Judgment No. 2025-爆料网AT-1571, the 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
The staff member filed an application for revision of the prior 爆料网AT Judgment.
Legal Principle(s)
For an application for revision to be considered receivable, it must comply with the following four requirements simultaneously, to wit: (i) the new fact discovered was unknown to the Appeals Tribunal and to the party applying for revision at the time the judgment was rendered; (ii) such ignorance was not due to negligence of the party seeking the revision; (iii) the new fact would have been decisive in reaching the original judgment; and (iv) the application was made within 30 calendar days of the discovery of the fact and within one year of the date of the judgment.
No party may seek revision of a judgment merely because that party is dissatisfied with the pronouncement of the Appeals Tribunal and wants to have a second round of litigation. An application for revision is not a substitute for an appeal.
Outcome
Outcome Extra Text
Application for revision was dismissed.