51³Ô¹Ï

2011-UNAT-102

2011-UNAT-102, Muthuswami et al.

View this page as PDF
Full judgment

UNAT Held or UNDT Pronouncements

The former staff members filed an application for revision of judgment 2010-UNAT-034. UNAT held that none of the facts presented fulfilled the requirements of Article 11(1) of the UNAT Statute and Article 24 of the Rules of Procedure. UNAT held that the application for revision was an attempt to relitigate the case. UNAT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

The former staff members contested the decision to deny their request for restoration of full pension for one-third lump sum recipients after a pre-determined period of commutation. In judgment 2010-UNAT-034, UNAT dismissed the appeal.

Legal Principle(s)

Revision of a final judgment is an exceptional procedure and not an additional opportunity for a party to relitigate arguments that failed at trial or on appeal.

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.

Applicants/Appellants
Muthuswami et al.
Entity
UNJSPF
Case Number(s)
2009-001bis
Tribunal
UNAT
Registry
New York
Date of Judgement
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Judgment-related matters
Revision of Judgment
Applicable Law
UNAT RoP
UNAT Statute
Related Judgments and Orders
2010-UNAT-034