UNDT/2014/067 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/067, Fiala

UNAT Held or UNDT Pronouncements

The Tribunal held that there are two stages in the procedure for the interpretation of a judgment. First, receivability must be determined and secondly if it is receivable whether it should be interpreted. Receivability: The Tribunal considered whether the filing of an appeal should be taken to mean that it is under consideration and therefore debar an applicant from an interpretation. The Tribunal held that the mere filing of an appeal against a judgment by one party to a case constitutes no legal impediment to the other party filing for an interpretation because the filing of an appeal is only a procedural requirement imposed on a party whereas the consideration of the appeal is the stage at which the appeal is being reviewed substantively by the appellate court. Interpretation: The Tribunal concluded that the findings and awards in Judgment No. UNDT/2014/007 are clear enough and the modalities for their implementation are within the province of the Administration. Consequently, the application was partially rejected.

Decision Contested or Judgment Appealed

The Applicant initially contested the decision not to revise her recruitment level from FS-4 to FS-5 with effect from 1 June 2006 when she was appointed to MONUC. In Judgment No. UNDT/2014/007, the Tribunal held that the Applicant had been interviewed, selected and recommended for a post at the FS-5 level and should have been recruited at that level. By the current application, the Applicant sought clarification on the remedies granted in Judgment No. UNDT/2014/007.

Legal Principle(s)

N/A

Outcome

Revision, correction, interpretation or execution

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

Fiala

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2014/25

Tribunal

UNDT

Registry Location :

Nairobi