Considering that in the circumstances of the case it is in the interest of all parties that the present matter be disposed of as soon as possible, the Tribunal deemed appropriate to rule on the application for revision by summary judgment, in accordance with art. 9 of its Rules of Procedure, without waiting for the Applicant’s reply.; An application for revision is not possible when the judgment in question is subject to appeal; the appropriate avenue for a party to adduce new facts during this period is through appellate proceedings.; Since the judgment was not executable, the UNDT found not...
The Tribunal dismissed the application for want of a valid statutory basis. The Tribunal found that the Applicant was not seeking a revision of the Judgment per se rather he was asking for an order or a mechanism of enforcing the administrative decision that had rendered his initial application moot.
The Tribunal noted that at the time of the hearing, Respondent counsel had not been instructed or informed the recruitment exercise in question and consequently did not apprise the Tribunal about this fact, just as the Applicant’s Counsel did not know about the Applicant’s application for the position. The Tribunal held that the applying party, the Respondent, meaning the Administration at large, must have known about the ongoing recruitment exercise and the Applicant’s job application for the Job Opening. At the very least, such knowledge must be imputed or assumed to have been known to the...
The Applicant’s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client’s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...