UNAT Held or UNDT Pronouncements
The Tribunal found that Mr. Issa’s application does not satisfy the stringent prerequisites for receivability under the UNAT Statute, namely, that the decisive fact he now relies upon, that all UNRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.
The UNAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with UNRWA’s directives to advise the Agency of his availability to work during the strike. Mr. Issa only asserts that other staff members were paid despite the closure of certain facilities. Even if this was a newly discovered fact, which it is not, this assertion could not affect the outcome of the proceeding since he does not claim that these other employees failed to comply with the advance notification directives. Because the asserted fact would not have changed the outcome, it does not meet the threshold requirement of being “decisive”, regardless of when it was known to Mr. Issa.
Mr. Issa has thus failed to establish the fundamental predicates for a revision of the prior UNAT Judgment and his effort to initiate a second round of litigation must be denied.
The application is dismissed.
Decision Contested or Judgment/Order Appealed
Previous UNAT Judgment: UNRWA staff member contested the decision of the Agency to place him on strike leave from the period 4 March to 31 May 2023. UNRWA DT dismissed the application on receivability.
In Judgment No. 2024-UNAT-1503-Corr1, the Appeals Tribunal affirmed the UNRWA DT judgment.
The staff member filed an application for revision.
Legal Principle(s)
A party seeking revision of a judgment must show that the application is based on the discovery of a decisive fact which was, at the time the judgement was rendered, unknown to the Appeals Tribunal and to the party applying for revision, always provided that such ignorance was not due to negligence.
An application for the revision of a judgment is not a tool for a dissatisfied party “to have a second round of litigation.
Outcome
Outcome Extra Text
Application for revision is dismissed