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Conclusion on the duration of the suspension: “the length of the suspension is to be decided by the Tribunal depending on the nature and circumstances of the case and this discretion of the Tribunal cannot and should not be subject to any form of control by the administration”. The decision ordered on 1 September 2009 that the suspension of the contested decision to terminate the employment of the Applicant on 3 September 2009 would remain in force until the final determination of the appeal should be read as it appears and that the Applicant should be paid half his salary from the date of the...

UNDT found that the Applicant, requested on two occasions to make the necessary corrections to her application, had failed to do so. UNDT dismissed the application finding that the Applicant is no longer interested in pursuing her case.

Execution of UNAdT judgments: The UNAdT had, and by virtue of the transfer of cases to it, the UNDT has, power to order execution of judgments of the former UNAdT just as it has power to deal with applications for execution under its own Statute and Rules. Time limit for applying for execution of judgment: no time limit is set out in the rules and no party should be without a remedy where execution of judgments is in issue. In this case the Applicant had done all he could to bring the matter to early resolution, it was not his fault that his earlier requests had been ignored. Damages for non...

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo UNDT/2011/168, by which the UNDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the UNDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The UNDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the UNAT, which was therefore seized of the matter.

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

UNDT noted that a party may apply for the revision of a judgment only when that judgment is executable, which was not the case with Judgment Odio-Benito UNDT/2011/019 given that the Applicant had appealed it before the United Nations Appeals Tribunal. UNDT held that the application was not receivable ratione materiae and rejected it.

Judge Meeran handled the case since Judge Kaman issued the judgment on the last day of her tenure with the Dispute Tribunal. The Tribunal found that the only conclusion, which could sensibly have been drawn from the fact that UNDT/2011/124 did not address the claim in explicit terms was that either Judge Kaman considered it implicitly covered in the findings or alternatively she overlooked it in her final conclusions on remedies. To the extent that it may have been an oversight, on the basis of a full examination of the record and the judgments, Judge Meeran ordered that Judge Kaman had...

A judgment must be uncertain or ambiguous to be open to interpretation by the Tribunal. The Tribunal held that paragraph 19 of the judgment was an obiter observation by the Tribunal and did not have a bearing on the reasoning or outcome of the final judgment. The Tribunal found that paragraph 19 was neither uncertain nor ambiguous. The Tribunal held that Article 12.3 must not be used to re-open proceedings, and this is what the Applicant had attempted to do.

The Tribunal finds that jurisprudence does not constitute a new decisive fact.

The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal’s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal’s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. UNON management while disregarding the authority of UNAT in Villamoran on the duty of parties to comply with...