2025-UNAT-1544, Antonio Ponce Gonzalez
UNAT Held or UNDT Pronouncements
The UNAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.
The UNAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the UNAT Statute, and the application was denied.
Decision Contested or Judgment/Order Appealed
A staff member with the United Nations Security Force for Abyei (UNISFA)filed an application for revision of Judgment No. 2023-UNAT-1345.
In Judgment No. 2023-UNAT-1345, the UNAT dismissed Mr. Ponce-Gonzalez’s appeal and affirmed UNDT Judgment No. UNDT/2022/029.
Legal Principle(s)
An application for revision of a UNAT judgment must meet the following tests (1) there must be disclosed a new decisive fact or facts that will cause the outcome of the original appeal to be set aside and the appeal decided otherwise than it was previously; (2) the decisive fact(s) must, at the time the Appeals Tribunal’s decision was rendered, have been unknown to both the applicant and to the Tribunal; (3) that ignorance cannot be attributable to the applicant’s negligence; (4) an applicant must apply for revision within 30 calendar days following the discovery of the decisive fact and within one year of the date of the judgment which is the subject of the application for revision.
Outcome
Outcome Extra Text
The application for revision was denied.