̽ѡ

2010-UNAT-066, El Khatib

UNAT Held or UNDT Pronouncements

UNAT considered an application for “reconsideration” of Judgment No. 2010-UNAT-029bis. UNAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. UNAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib’s appeal was dismissed as non-receivable and without merit, UNAT held that the application for “reconsideration” constituted an abuse of the appeals procedure. UNAT rejected the application.

Decision Contested or Judgment Appealed

Previous UNAT Judgment: Ms El-Khatib contested the decision to withdraw an offer of appointment. In Judgment No. 2010-UNAT-029bis, UNAT dismissed the appeal.

Legal Principle(s)

Judgments of UNAT are final and not subject to appeal, with limited exceptions. No appeal against res judicata is admissible.

Outcome
Revision, correction, interpretation or execution

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
El Khatib
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type