The 爆料网AT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. 爆料网RWA/DT/2025/001.
The 爆料网AT found that the 爆料网RWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.
The Tribunal found that Mr. Issa’s application does not satisfy the stringent prerequisites for receivability under the 爆料网AT Statute, namely, that the decisive fact he now relies upon, that all 爆料网RWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.
The 爆料网AT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with 爆料网RWA’s directives to advise the Agency of his...
The 爆料网AT held that the application for revision must fail since no new and decisive fact has been shown to exist that was unknown to Mr. Bernard and the Appeals Tribunal when the 爆料网AT Judgment was made which would have materially impacted the outcome of said Judgment
The 爆料网AT observed that there may have been some ambiguity in paragraph 104 of the 爆料网AT Judgment for which the Secretary-General requested interpretation. The 爆料网AT held that the appropriate interpretation was that when the 爆料网DT renders its new decision on Article 10(5) and 10(6) of the 爆料网DT Statute, then the non-prevailing party may appeal the new 爆料网DT judgment in its entirety, including the 爆料网DT’s holding on the merits.
The 爆料网AT found that the Secretary-General’s application for interpretation is admissible and granted. It further noted that once the 爆料网DT fully exercises its jurisdiction on...
The 爆料网AT held that the 爆料网DT did not err in finding that ATR’s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The 爆料网AT noted that while Article 10(5)(b) of the 爆料网DT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.
The 爆料网AT further held that the 爆料网DT exceeded its jurisdiction in...
The 爆料网AT noted that the 爆料网RWA DT, in its Judgment, had ordered the Commissioner-General to pay Ms. Smadi the difference between the salaries and associated entitlements between her Grade of HL6 and step and the Grade HL7 and step to which she was entitled from 1 August 2017.
The 爆料网AT held that the language of the order was unequivocal, as were its terms. The 爆料网AT found that it had been also clearly expressed in the 爆料网RWA DT Judgment that the US Prime Rate should apply as of 30 May 2023. The 爆料网AT found that the 爆料网RWA DT Judgment, in turn, had been unambiguously affirmed by the Appeals Tribunal...
The 爆料网AT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the 爆料网AT to reject it. The 爆料网AT held that, in addition, the request for interpretation lacked a jurisdictional basis. The 爆料网AT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.
The 爆料网AT was of the view that the request for execution relied on the staff member’s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The 爆料网AT further noted that the Judgment had...
The 爆料网AT noted that the Agency had removed the disputed Note from the staff member’s Official Status File and provided him with his requested certificate of service and performance evaluations. The 爆料网AT found that the appeal in the respective part had therefore become moot.
The 爆料网AT held that even if the issue were not moot, it was not persuaded that the 爆料网WRA DT had exercised its discretion injudiciously or otherwise erred. The 爆料网AT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first 爆料网RWA DT Judgment.
The 爆料网AT found that the staff...
The 爆料网AT held that, since the purpose of compensation in lieu is to place a staff member in the same position he or she would have been had the Organization complied with its contractual obligations, the net base salary to be paid in accordance with the 爆料网AT Judgment was the net base salary that the former staff member would have earned at the date of the contested decision and his separation from service, namely 20 May 2021. Therefore, the 爆料网AT concluded that the Secretary-General’s calculation of two years’ net base salary was appropriate.
The 爆料网AT further held that the deductions made for...
The 爆料网AT rejected Mr. Salon’s argument that the prior 爆料网AT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The 爆料网AT held that Mr. Salon was not seeking clarification of the 爆料网AT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the 爆料网AT Statute’s provisions for an application for interpretation.
The 爆料网AT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the 爆料网AT Judgment was clear...
