UNDT/2019/138, Massi
The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi UNDT/2016/100 that would not have been executed. Furthermore, Judgment Massi UNDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi UNDT/2016/100 and was not related to any of the remedies awarded therein. It, therefore, found the application not receivable as a request for execution of judgment under art. 12.4 of the Tribunal’s Statute. The Tribunal also found the application not receivable as a standalone challenge against the letter of 29 April 2019 since the Applicant did not request management evaluation, as required by art. 8.1(c) of the Tribunal’s Statute and art. 5.2 of Appendix D. In any event, the Tribunal finds that the letter of 20 April 2019 by the Administrator, Compensation Claims, UNOG, is merely a reiteration of the 29 October 2015 decision and intended to inform the Applicant that his payments would cease. It does not constitute a new administrative decision.
The Applicant challenges the letter of 29 April 2019 of the Administrator, Compensation Claims Service, UNOG, advising him that the payment of his compensation for loss of earning capacity under art. 11.2(d) of Appendix D to the Staff Rules would cease on 31 May 2019.
Pursuant to art. 12.4 of the Dispute Tribunal’s Statute, “[o]nce a Judgment is executable under article 11, paragraph 3, of the present statute, either party may apply to the Dispute 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”. Management evaluation is a mandatory requirement for seizing the Dispute Tribunal [in a certain type of cases] and the latter has no power to entertain an application that does not meet this requirement. (see, e.g., Rosana 2012-UNAT-273 Dzuverovic 2013-UNAT338 Kouadio 2015-UNAT-558). Failure to fulfill this mandatory requirement renders the application irreceivable ratione materiae (Egglesfield 2014-UNAT-402).