2013-UNAT-323 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-323, Sims

UNAT Held or UNDT Pronouncements

UNAT considered an application for revision of judgment No. 2011-UNAT-154. UNAT held that the new evidence was irrelevant because the case was not receivable; neither UNDT nor UNAT had jurisdiction to hear Mr. Sims’ case. UNAT denied the application.

Decision Contested or Judgment Appealed

Previous UNAT judgment: The Applicant challenged the restriction placed on his access to the UN Office in Vienna. UNDT rejected the application, finding that a retiree who volunteered as counsel did not have a contractual relationship with the UN and thus, no right to challenge the Secretary-General’s decision. In judgment No. 2011-UNAT-154, UNAT affirmed the UNDT judgment.

Legal Principle(s)

In an application for revision of judgment, any new evidence is irrelevant if UNAT has no jurisdiction.

Outcome

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Sims

Entity

UNOV

Case Number(s)

2010-157

Tribunal

UNAT

Registry Location :

New York