UNDT/2012/106

UNDT/2012/106, Gehr

UNAT Held or UNDT Pronouncements

Standard of review for interpretation (1): A request for interpretation of a judgment is receivable only if the operative part of it gives rise to uncertainty or ambiguity about its meaning or import.Standard of review for interpretation (2): It would be contrary to the letter and spirit of article 12.3 of the Tribunal’s Statute to seek a reversal or modification of a final judgment under cover of interpretation. The correctness of a judgment is not a matter to be dealt with in this framework, as interpreting, by definition, means shedding light on the original meaning, as opposed to altering it.

Decision Contested or Judgment/Order Appealed

In Gehr UNDT/2011/178, the Tribunal rescinded the classification decision in relation to the Applicant’s post, and it considered that his 2010-2011 performance had been properly appraised on the basis of a duly prepared individual work plan. The Applicant filed an application for interpretation and sought clarification as to the implications of Gehr UNDT/2011/178 on his “title, duties and responsibilities”. The UNDT rejected the application on the grounds that the operative part of Gehr UNDT/2011/178 was not ambiguous or misleading as to its practical implications.

Legal Principle(s)

N/A

Outcome

Revision, correction, interpretation or execution

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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

Gehr

Entity

Case Number(s)

Tribunal

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