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2022-UNAT-1274

2022-UNAT-1274, Cevat Ozturk

UNAT Held or UNDT Pronouncements

The UNAT held that it was satisfied that execution of the UNDT Judgment (as affirmed by the UNAT) had occurred in Mr. Ozturkā€™s 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 ā€œrefund calculationā€ by the Administration for prior overpayments. However, the UNAT noted that implementation by the Administration of a Tribunalā€™s order constitutes in itself an administrative decision appealable before the UNDT. Accordingly, recourse for the complaints of Mr. Ozturk regarding the ā€œrefund 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.

Decision Contested or Judgment Appealed

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. Ozturkā€™s salary.

Legal Principle(s)

Article 11(4) of the Appeals Tribunalā€™s 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.

Outcome
Revision, correction, interpretation or execution
Outcome Extra Text

Application for execution of judgment is dismissed.

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.

Applicants/ Appellants
Cevat Ozturk
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Tribunal
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Applicable Law