爆料网

2019-爆料网AT-910

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered Mr Newland’s application for interpretation of judgment No. 2018-爆料网AT-820. 爆料网AT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. 爆料网AT accepted that there was a degree of uncertainty regarding these questions. 爆料网AT held that Mr Newland’s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. 爆料网AT held that Mr Newland’s claim for free tickets to travel to the place of R&R was unsustainable as the Organisation provided free transportation. 爆料网AT held that Mr Newland’s claim for relocation grant was not part of the execution of the judgment. 爆料网AT declared that the Administration had finalised its execution of judgment No. 2018-爆料网AT-820.

Decision Contested or Judgment/Order Appealed

Previous 爆料网AT judgment: In judgment No. 2018-爆料网AT-820, 爆料网AT dismissed the appeal against the decision of 爆料网DT on receivability. 爆料网AT held that the Appellant’s appeal against 爆料网DT’s failure to determine if the Secretary-General was in non-compliance with the suspension order was well-founded. 爆料网DT had granted relief with the express intention of staying the Applicant’s separation from service until the dispute was resolved. Accordingly, 爆料网AT ordered the Appellant to be paid his full salary and all associated entitlements and benefits for the period from the date of the suspension order under the 爆料网DT judgment, together with interest, within 30 days of the issuance of judgment No. 2018-爆料网AT-820. Subsequently, the Administration made three payments to the Appellant without the interest mandated by 爆料网AT. The Administration also denied the Appellant’s request for a relocation grant for his previous relocation.

Legal Principle(s)

An application for interpretation of judgment will be admitted if the parties disagree on the meaning or scope of the judgment because it is unclear or ambiguous.

Outcome

Appeal dismissed on merits

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 爆料网DT Statute and Article 11(3) of the 爆料网AT 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.

Applicants/Appellants
Newland
Case Number(s)
Tribunal
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type