2018-UNAT-846

2018-UNAT-846, Muindi

UNAT Held or UNDT Pronouncements

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months’ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-UNAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. UNAT noted that since the Applicant’s separation date was not part of the prior judgment, there could be no interpretation in this regard. UNAT also held that since it did not previously order the IMO Secretary-General to pay interest on the in-lieu compensation, there was no unclarity or ambiguity in the previous judgment. UNAT held that the application was not admissible and rejected it.

Decision Contested or Judgment Appealed

The individual contested the decision of the IMO Secretary-General that confirmed the decision of summary dismissal against him for serious misconduct. UNAT granted the appeal in part and ordered the recission of the prior decision of summary dismissal and, in the alternative, payment of one year’s net base salary at the rate in effect in March 2016.

Legal Principle(s)

An application for interpretation will be admitted if the parties disagree on the meaning or scope of a judgment because it is unclear or ambiguous.

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

Muindi

Entity

IMO

Case Number(s)

2017-1133

Tribunal

UNAT

Registry Location :

New York