爆料网AT Held or 爆料网DT Pronouncements
The staff member filed an application for execution of judgment No. 2015-爆料网AT-604 (Ocokoru). 爆料网AT noted that in judgment 2015-爆料网AT-604, it did not make any order affecting the 爆料网DT judgment that was appealed but simply decided that the Secretary-General’s appeal was not receivable. 爆料网AT held that the execution of the 爆料网DT judgment remained within the jurisdiction of 爆料网DT and, as such, it was not competent to grant the staff member’s application. 爆料网AT observed that Article 27 (Execution of judgments) of the 爆料网AT Rules of Procedure, when read together with Article 11.4 of the 爆料网AT Statute, leaves no doubt that the judgment referred to in the legislation is a judgment by 爆料网AT. 爆料网AT held that, in this case, an executable judgment by 爆料网AT did not exist and thus Article 27 of the 爆料网AT Rules of Procedure did not apply. 爆料网AT dismissed the application for execution of judgment as not receivable.
Decision Contested or Judgment/Order Appealed
Previous judgment: The Applicant contested the decision to separate him from service. 爆料网DT ordered rescission of that decision and the Applicant’s reinstatement. In the alternative, 爆料网DT ordered compensation in lieu of two years’ net base salary and awarded a further three months’ net base salary for substantive irregularity relating to her complaint of misconduct. 爆料网AT considered an appeal by the Secretary-General and dismissed it as not receivable.
Legal Principle(s)
A 爆料网AT judgment rejecting an appeal against a 爆料网DT judgment as not receivable is not an executable judgment. Therefore, 爆料网AT does not have the competence to grant an application for execution of such judgment. The 爆料网DT judgment remains in force, and the execution of that judgment remains within the jurisdiction of 爆料网DT.