2010-UNAT-010

2010-UNAT-010, Tadonki

UNAT Held or UNDT Pronouncements

The Secretary-General appealed. UNAT dismissed the Secretary-General’s appeal against the UNDT’s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the UNAT Statute.

Decision Contested or Judgment Appealed

Upon applications by both parties, the UNDT issued its interpretation of judgment, confirming its interim orders to the Secretary-General to suspend the decision not to renew the staff member’s appointment pending the final determination of the substantive case, and to pay half of the staff member’s salary from the date of the order until the final determination of the case.

Legal Principle(s)

An interpretation of a UNDT judgment is not a judgment within the meaning of Article 2. 1 of the UNAT Statute. Therefore, an appeal against it is not receivable.

Outcome

Appeal dismissed on receivability

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

Tadonki

Entity

OCHA

Case Number(s)

2009-011

Tribunal

UNAT

Registry Location :

New York