2020-UNAT-1009

2020-UNAT-1009, El Shaer

UNAT Held or UNDT Pronouncements

UNAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, UNAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, UNAT held that there was no need to order execution, namely the Appellant’s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission and reinstatement. UNAT dismissed the applications for interpretation and execution of judgment.

Decision Contested or Judgment/Order Appealed

UNAT granted the staff member’s appeal, rescinded UNRWA’s decision to separate him from service for abandonment of post, and ordered his reinstatement or compensation in lieu.

Legal Principle(s)

Interpretation is only needed to clarify the meaning of a judgment when the judgment leaves reasonable doubts about the will of the Tribunal or the arguments leading to a decision.

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.

Full Judgment

Applicants/Appellants

El Shaer

Entity

Case Number(s)

Tribunal

Registry :