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1434-1499 Judgements of the United Nations Administrative Tribunal 1 (2009)

handle is hein.unl/junadtt0027 and id is 1 raw text is: United
Nations

AT/DEC/1434

4   t   Administrative Tribunal                                  Distr. Limited
30 September 2009
Original: English

ADMINISTRATIVE TRIBUNAL
Judgement No. 1434

Case No. 1313

Against:     The Secretary-General
of the United Nations

THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS,
Composed of Mr. Spyridon Flogaitis, President; Ms. Brigitte Stem; Sir Bob Hepple;
Whereas, on 11 March 2008, a former staff member of the United Nations, filed an Application in which he
requested, in accordance with article 12 of the Statute of the Tribunal, the revision of Judgement No. 1232, rendered
by the Tribunal on 22 July 2005 and Judgement No. 1350, rendered by the Tribunal on 21 November 2007;
Whereas the Application contains pleas which read, inter alia, as follows:
PLEAS

(a)   To find that, Judgement No. 1350 (and the one preceding it, Judgement No. 1232),
contain a number of grey areas, and as such, stand in need of interpretation and
clarification;
(b)   To find that the two Judgements further raise a significant question of law that warrants
the attention of the entire membership of the Tribunal, as provided for in Article 8 of the
Tribunal's Statute; and
(c)   To find that another piece of evidence that has just come to the Applicant's possession -
one that was unknown either to the Tribunal or to the Applicant - totally negates the
evidence tendered by the Respondent and admitted by the Tribunal in rendering
Judgements Nos. 1232 and 1350;
(d)   To find that the Respondent's earlier victory is undeserved and, having been obtained by
deception, is a nullity ab initio.