550 (2024)

��AT Held or ��DT Pronouncements

The ��AT held that the staff member did not seek an interim measure for temporary relief which was consistent with the ��DT Judgment; on the contrary, he sought the opposite, i.e., anonymization which the Dispute Tribunal and the Appeals Tribunal had not granted him. The ��AT also found that the prior ��AT Judgment was res judicata as to the question of anonymity and could be reversed, if at all, only through a revision of judgment. The ��AT denied the staff member��s motion for interim measures.

Decision Contested or Judgment/Order Appealed

The ��AT issued Judgment No. 2023-��AT-1406 in which it found that the staff member��s application was not receivable ratione temporis and dismissed the request for anonymity as the appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected. The staff member filed an application for revision of the ��AT Judgment and a motion for interim measures requesting the ��AT to anonymize or remove his name until the issuance of the Judgment on his application for revision.

Legal Principle(s)

An interim measure of relief is subject to very strict requirements; such relief is available to protect a litigant from the likelihood of irreparable harm, who the Dispute Tribunal believes is likely to succeed at trial or the Appeals Tribunal believes is likely to succeed on appeal. Requests for interim measures are only available at the appeals proceedings stage, i.e., before the ��AT has delivered its judgment.

Outcome

Interim measure denied

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 ��DT Statute and Article 11(3) of the ��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.

Individual Party

Kamal Karki

Entity

Case Number(s)

Tribunal

Registry

Date of Order