UNAT Held or UNDT Pronouncements
UNAT considered an application revision of judgment No. 2019-UNAT-936 by Mr Diallo. UNAT held that Mr Diallo failed to establish the statutory conditions that had to be fulfilled before a judgment could be revised, namely there was no discovery of a decisive fact which was, at the time the judgment was rendered, unknown to UNAT and to him. UNAT held that an application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal. UNAT dismissed the application for revision.
Decision Contested or Judgment/Order Appealed
Mr. Diallo contested the termination of his appointment for unsatisfactory performance. In judgment No. 2019-UNAT-936, UNAT affirmed the UNDT judgment No. 2019/UNDT/002 which had dismissed his application as not receivable for failure to request management evaluation prior to submitting the application to UNDT.
Legal Principle(s)
An application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal.
Outcome
Outcome Extra Text
Eng