2022-UNAT-1274, Cevat Ozturk
The UNAT held that it was satisfied that execution of the UNDT Judgment (as affirmed by the UNAT) had occurred in Mr. Ozturkās case. The Administration had complied with the UNAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.
The UNAT observed that Mr. Ozturk appeared only to disagree with the ārefund calculationā by the Administration for prior overpayments. However, the UNAT noted that implementation by the Administration of a Tribunalās order constitutes in itself an administrative decision appealable before the UNDT. Accordingly, recourse for the complaints of Mr. Ozturk regarding the ārefund calculationā, undertaken subsequent to Judgment No. 2018-UNAT-892, is not to be found in an application for execution but rather in Staff Rule 11.2. The latter rule provides the mechanism whereby the complained-of decisions of the Administration can be challenged by the affected staff members.
The UNAT accordingly dismissed the application for execution.
Mr. Ozturk submitted an application for execution of Judgment No. 2018-UNAT-892, in which the UNAT affirmed a UNDT judgment regarding certain child support payments to be deducted from Mr. Ozturkās salary.
Article 11(4) of the Appeals Tribunalās Statute provides that where the judgement requires execution within a certain period of time and such execution has not been carried out, either party may apply to the Appeals Tribunal for an order for execution of the judgement.
Application for execution of judgment is dismissed.