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Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General. Ä¢¹½ÊÓƵAT held that the paragraphs of the Ä¢¹½ÊÓƵDT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in holding that the application for interpretation was receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have dealt with the claim for interest in its judgment, but it omitted to do so. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence by wrongly applying Article 12(3) of the Ä¢¹½ÊÓƵDT Statute to alter the substance of its final ruling by...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. As a preliminary matter, Ä¢¹½ÊÓƵAT refused the Appellant¡¯s Motion for Leave to File Additional Pleadings. Ä¢¹½ÊÓƵAT referred to Article 3(1) of the RoP and Section II. A. 3 of Practice Decision No. 1 of the Appeals Tribunal, which provides that it may grant such a motion only if there are exceptional circumstances. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate any exceptional circumstances in the present case. Ä¢¹½ÊÓƵAT also referred to the transitional measures provided by General Assembly Resolution 63/253 and Article 2(7) of the Ä¢¹½ÊÓƵDT Statute, which notes that...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-Ä¢¹½ÊÓƵAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 filed by Mr Awe. The application was admitted in part. Ä¢¹½ÊÓƵAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. Ä¢¹½ÊÓƵAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...

The Applicant filed a second application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 and an application for execution of judgment No. 2018-Ä¢¹½ÊÓƵAT-827. Subsequently, the Applicant requested leave to withdraw these two applications. Ä¢¹½ÊÓƵAT granted leave to withdraw the applications and directed the Registrar to close the cases.

Ä¢¹½ÊÓƵAT considered Mr Newland¡¯s application for interpretation of judgment No. 2018-Ä¢¹½ÊÓƵAT-820. Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT accepted that there was a degree of uncertainty regarding these questions. Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, Ä¢¹½ÊÓƵAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, Ä¢¹½ÊÓƵAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...

Ä¢¹½ÊÓƵAT considered an application by Ä¢¹½ÊÓƵJSPB for interpretation of judgment No. 2019-Ä¢¹½ÊÓƵAT-912 related to the calculation and payment of interest. Ä¢¹½ÊÓƵAT held that there was nothing unclear or ambiguous about the terms of the order and that the application for interpretation was inadmissible on those grounds alone. Ä¢¹½ÊÓƵAT opined that, in actuality, the Ä¢¹½ÊÓƵJSPB sought to appeal the judgment on the grounds that Ä¢¹½ÊÓƵAT erred in making an award of interest, which Ä¢¹½ÊÓƵJSPB believed was inconsistent with its Regulations. Noting that judgments of Ä¢¹½ÊÓƵAT are final and without appeal, Ä¢¹½ÊÓƵAT held that this attempt to...

Ä¢¹½ÊÓƵAT granted the application for correction. The Tribunal stated that the misidentification of the superior was an accidental error and was factually incorrect. The Tribunal, however, added that this error had little or no bearing on the outcome of the case. Regarding the request for further explanation on the Judgment, Ä¢¹½ÊÓƵAT dismissed the request finding that the Judgment is comprehensible and that this was a mere attempt by the staff member to criticize the Judgment.

Ä¢¹½ÊÓƵAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, Ä¢¹½ÊÓƵAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...