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The application was receivable as it was filed in accordance with the requirements set forth in article 12.3 of the UNDT Statute and article 30 of the UNDT RoP.; The payment of salaries to the Applicant should have been calculated as of the time of separation (30 November 2009) with accrued interest.; UNDT ordered that the Secretary-General add a pre-judgment interest on the compensation already paid, calculated at the US Prime Rate applicable on 30 November 2009 (date of separation) to 9 December 2016 (date of payment). All other pleas were refused.

The Tribunal cannot consider a hypothetical scenario concerning which there is no instant case or controversy before the Tribunal. The Tribunal rejected the request for interpretation noting that the decision was clear and unambiguous and considered the Applicant’s request to, in essence, be requesting the Tribunal to address a hypothetical future scenario.

Whilst the prescribed form refers to “judgments” and not “orders”, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...

The Tribunal noted that art. 12.3 of its Statute and art. 30 of its Rules of Procedure limit the scope of applications for interpretation to judgments. Neither the Tribunal’s Statute nor its Rules of Procedure contemplate applications for interpretation with respect to orders. The Tribunal therefore found that the present application was not receivable ratione materiae.

The Tribunal stressed that the Applicant, contrary to his assertion, was not awarded compensation for loss of earnings. He was awarded material damages for his loss of opportunity.; The Tribunal reviewed the paragraph sought to be interpreted and was of the view that the Judgment was comprehensible and clear. The expression “net base salary” was found to be clear and unambiguous and to refer to gross salary minus staff assessment. It does; not include a post adjustment component. The Tribunal also clearly did not provide for the taking into consideration of a possible step increment in the...

With respect to the content of judgment Lloret Alcañiz et al., the applicants raised the following question to the Tribunal: Is it the intention of the Tribunal in this Judgment for the Applicants to continue to receive a “dependency rate of salary” after their first dependent child ceases to be dependent and up until their youngest dependent child is no longer recognized as a dependent?; The Tribunal found that the Applicants asked it to go beyond the conclusions of its Judgment in raising ex post facto a question about the interpretation of the former regime, which was not raised nor...

The Tribunal finds the Respondent’s application for interpretation as an attempt to have the Tribunal re-examine its Order, which is not a proper way to seek a reversal or modification of the Tribunal’s Order. As the Appeals Tribunal clearly stated, the exercise of interpretation under art. 30 of the Dispute Tribunal’s Rules of Procedure is not an avenue for review or the basis for a fresh judgment. It goes without saying that the motion is not receivable and must be dismissed. The Administration provided some reasonable explanation for the contested decision, which is supported by evidence...

The Applicant does not question whether this presentation of the applicable law is comprehensible, but rather intends to reargue his case that the contested selection processes were unlawful. As the Tribunal further finds that paras. 14 to 17, as well as the remaining parts of Judgment No. UNDT/2020/075, are straightforward and easy to understand.