2020-UNAT-1020

2020-UNAT-1020, Dibs

UNAT Held or UNDT Pronouncements

UNAT considered an application for execution of judgment No. 2017-UNAT-798 by Mr. Dibs. UNAT granted in part the application for execution of judgment and ordered UNRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. UNAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

Decision Contested or Judgment/Order Appealed

The Appellant previously contested UNRWA’s decisions (1) not to grant his request for SLWFP, (2) not to proceed with separation based on the conclusion of the medical board, and (3) to suspend him without pay pending the outcome of the investigation. In judgment No. 2017-UNAT-798, UNAT rescinded the decision to postpone his separation and remanded the case to UNRWA to consider whether the staff member’s injuries were attributable to the performance of his duties (2017-UNAT-798).

Legal Principle(s)

Orders and judgments of the Tribunals must be executed with alacrity.

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

Dibs

Entity

Case Number(s)

Tribunal

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