2013-UNAT-318 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-318, Frechon

UNAT Held or UNDT Pronouncements

UNAT considered an application for execution of judgment No. 2011-UNAT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of UNAT, namely, that the Secretary-General should pay her two years’ salary in lieu of an effective reinstatement. UNAT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by UNAT. UNAT held that Ms Frechon could seek execution of UNAT’s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy providing in the alternative, namely two years’ net base pay; however, UNAT noted that she had been reinstated. UNAT rejected the application for execution.

Decision Contested or Judgment Appealed

In judgment No. 2011-UNAT-132, UNAT upheld the rescission of the contested decision but varied the orders which were made. UNAT ordered Ms Frechon’s reinstatement for the sole purpose of the Administration initiating the correct procedures for termination of appointment for reasons of health.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal dismissed on merits

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.

Full Judgment

Applicants/ Appellants

Frechon

Entity

ICTR

Case Number(s)

2012-299

Tribunal

UNAT

Registry Location :

New York