UNDT/2017/083

UNDT/2017/083, Koumoin

UNAT Held or UNDT Pronouncements

The Tribunal held that the application was moot and not receivable. Accordingly, the application was rejected. On issue one, for an order for execution of default judgment, the Tribunal found that the Applicant had not obtained a default judgment as he alleged. The 14 December 2009 Order that the Applicant considered a default judgment merely directed the Respondent on the procedural requirements for applying to re-enter the proceedings, and which indeed happened with the Respondent filing a reply on 25 January 2010. On 7 June 2010, the Tribunal proceeded to Judgment No. UNDT/2010/105 in which it dismissed the application in its entirety. On issue two “mediation agreement”, the letter dated 24 May 2010 which the Applicant filed in support of the allegation that he had entered into a mediated agreement with UNDP was not a mediation agreement. Rather, on the face of it, it was an expression of a position on the subject of the ongoing UNDT proceedings from an entity not being a party to the proceedings (a UN Member State).

Decision Contested or Judgment/Order Appealed

The Applicant sought: a)An order for execution of a default judgment dated 14 December 2009 including immediate payment of interim relief salaries “embedded in the default judgment” b)An order for enforcement of a mediated settlement agreement dated 24 May 2010.

Legal Principle(s)

Pursuant to art. 32.2 of the Tribunal’s Rules of Procedure, once a judgment is executable under art. 11.3 of the Statute of the Dispute Tribunal, either party may apply to the Tribunal for an order for execution of the judgment if the judgment requires execution within a certain period of time and such execution has not been carried out.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was found to be moot.

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Full Judgment

Applicants/Appellants

Koumoin

Entity

Case Number(s)

Tribunal

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