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The Ä¢¹½ÊÓƵAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that ¡°these responses alongside the 22 pages and 18 annexes¡± to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the Ä¢¹½ÊÓƵAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

Receivability

The Respondent challenged the receivability of the application. He argued that the Dispute Tribunal may only issue an Order for execution under art. 12.4 of its Statute where a judgment required a time limit for execution and such execution had not been carried out.

The Tribunal considered that while Judgment Applicant Ä¢¹½ÊÓƵDT/2022/055 did not provide for its execution within a certain period of time, it was reasonable to infer that in the absence of an appeal, said judgment should have been executed within a reasonable time, after the expiry of the 60-day time limit to file an...

The Ä¢¹½ÊÓƵAT held that it was satisfied that execution of the Ä¢¹½ÊÓƵDT Judgment (as affirmed by the Ä¢¹½ÊÓƵAT) had occurred in Mr. Ozturk¡¯s case. The Administration had complied with the Ä¢¹½ÊÓƵAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

The Ä¢¹½ÊÓƵAT observed that Mr. Ozturk appeared only to disagree with the ¡°refund calculation¡± by the Administration for prior overpayments. However, the Ä¢¹½ÊÓƵAT noted that implementation by the Administration of a Tribunal¡¯s order constitutes in itself an...

The Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General of the Ä¢¹½ÊÓƵRWA.

The Ä¢¹½ÊÓƵAT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member¡¯s request in view of the increase in his managerial and budgetary duties and responsibilities.

The Ä¢¹½ÊÓƵAT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the Ä¢¹½ÊÓƵRWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.

The Ä¢¹½ÊÓƵAT noted that the...

The Ä¢¹½ÊÓƵAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The Ä¢¹½ÊÓƵAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The Ä¢¹½ÊÓƵAT noted that, given the delay in execution and in the...

The Ä¢¹½ÊÓƵAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The Ä¢¹½ÊÓƵAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo¡¯s candidacy. The Ä¢¹½ÊÓƵAT agreed with the ITLOS JAB that Mr. Savadogo¡¯s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...

The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1118, on grounds that he was unable to effectuate the compensation awarded in the Ä¢¹½ÊÓƵDT Judgment because Mr. Dieng refused to provide his banking details. Ä¢¹½ÊÓƵAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. Ä¢¹½ÊÓƵAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2011-Ä¢¹½ÊÓƵAT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of Ä¢¹½ÊÓƵAT, namely, that the Secretary-General should pay her two years¡¯ salary in lieu of an effective reinstatement. Ä¢¹½ÊÓƵAT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that Ms Frechon could seek execution of Ä¢¹½ÊÓƵAT¡¯s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy...

Ä¢¹½ÊÓƵAT considered motions seeking execution of four judgments (judgment No. 2013-Ä¢¹½ÊÓƵAT-357, judgment No. 2013-Ä¢¹½ÊÓƵAT-359, judgment No. 2013-Ä¢¹½ÊÓƵAT-358, and judgment No. 2013-Ä¢¹½ÊÓƵAT-360). Ä¢¹½ÊÓƵAT denied these motions, noting that execution did occur in each of the cases. Ä¢¹½ÊÓƵAT also noted that payment of the moral damages had been effected and a new conversion process had been completed, thus, none of the applications merited an order for execution pursuant to Article 11(4) of the Ä¢¹½ÊÓƵAT Statute and Article 27 of the Ä¢¹½ÊÓƵAT RoP. With respect to Ademagic et al. and Mr Longone¡¯s motion to hold decision letters in...

Ä¢¹½ÊÓƵAT considered the motion for execution of judgment No. 2013-Ä¢¹½ÊÓƵAT-359. Ä¢¹½ÊÓƵAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, Ä¢¹½ÊÓƵAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. Ä¢¹½ÊÓƵAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...