UNDT/2012/106

UNDT/2012/106, Gehr

UNAT Held or UNDT Pronouncements

Standard of review for interpretation (1): A request for interpretation of a judgment is receivable only if the operative part of it gives rise to uncertainty or ambiguity about its meaning or import.Standard of review for interpretation (2): It would be contrary to the letter and spirit of article 12.3 of the Tribunal’s Statute to seek a reversal or modification of a final judgment under cover of interpretation. The correctness of a judgment is not a matter to be dealt with in this framework, as interpreting, by definition, means shedding light on the original meaning, as opposed to altering it.

Decision Contested or Judgment Appealed

In Gehr UNDT/2011/178, the Tribunal rescinded the classification decision in relation to the Applicant’s post, and it considered that his 2010-2011 performance had been properly appraised on the basis of a duly prepared individual work plan. The Applicant filed an application for interpretation and sought clarification as to the implications of Gehr UNDT/2011/178 on his “title, duties and responsibilities”. The UNDT rejected the application on the grounds that the operative part of Gehr UNDT/2011/178 was not ambiguous or misleading as to its practical implications.

Legal Principle(s)

N/A

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

Gehr

Entity

UNODC

Case Number(s)

UNDT/GVA/2011/74

Tribunal

UNDT

Registry Location :

Geneva