UNDT/2015/084 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2015/084, Njenga

UNAT Held or UNDT Pronouncements

Interpretation – As held in Sidell 2014-UNAT-489 and Abbasi 2013-UNAT-315, the purpose of interpretation is not to determine the disagreement of an applicant with a judgment who wishes to reargue an appeal. Interpretation is only needed to clarify the meaning of a judgment when it leaves reasonable doubts about the will of the Tribunal or the arguments leading to a decision. But if the judgment is comprehensible, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible.

Decision Contested or Judgment Appealed

The Applicant filed an application on 28 May 2014 on behalf of his father, JNK, challenging the failure of the United Nations Development Programme (UNDP) to compensate JNK in accordance with appendix D of the Staff Rules for injuries he allegedly sustained while driving a United Nations vehicle. On 17 June 2014, the Tribunal issued a judgment striking out the application on the ground that JNK was recruited by the UNDP on a Special Service Agreement for provisions of services as a driver not as a staff member and therefore could not invoke the jurisdiction of the Tribunal under section 3.1 of the Statute of the Dispute Tribunal. The Applicant has now filed an Application for interpretation of the judgment.

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

Njenga

Entity

UNDP

Case Number(s)

UNDT/NBI/2015/84

Tribunal

UNDT

Registry Location :

Nairobi