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The Tribunal rejected the application and awarded costs for abuse of process.

A judgment on receivability is not an executable judgment. It is not a judgment on the merits of the case where all issues have been adjudicated upon. An executable judgment is one in which the court determines on the substantive issues of the case having heard and deliberated on the evidence and arguments submitted by the parties. In so doing, it ends the dispute before the court which heard it. A judgment on receivability is based on a procedural issue. In the present case, the procedural issue had to do with the timeliness of the application and scope of the court¡¯s jurisdiction where the...

In that judgment, the Tribunal had inter alia found that the decision to require the Applicant to revert to his initial P-3 post had not been the subject of a management evaluation and consequently was not receivable. He requested the Tribunal to vacate certain paragraphs of the judgment. The Tribunal held that for a request for revision to be successful, all the requirements in art.12.1 of its Statute have to be met.

The Ä¢¹½ÊÓƵDT found that the Applicant had already submitted these two documents along with his initial application of 19 December 2011 on which judgment No. Ä¢¹½ÊÓƵDT/2012/045 was issued. Therefore, the Applicant cannot claim that these facts were new or that the Tribunal was unaware of them, since both documents were part of the application of 19 December 2011. The Ä¢¹½ÊÓƵDT considered that the application for revision constituted an abuse of process for which the Applicant should bear costs of 800 USD based on art. 10.6 of the Statute of the Tribunal.

Receivability: The Tribunal considered whether it has the requisite jurisdiction to make a determination on an application for interpretation of an order as opposed to a final judgment. Noting that: (i) there is no provision in the Ä¢¹½ÊÓƵDT Statute or Rules of Procedure governing interpretation of orders or expressly prohibiting interpretation of a decision that is labeled ¡°Order¡±; and (ii) that regardless of whether decisions on applications for suspension of action are labeled as orders or judgments, they determine substantial issues, the Tribunal, pursuant to articles 19 and 36 of the Rules of...

The Tribunal held that there are two stages in the procedure for the interpretation of a judgment. First, receivability must be determined and secondly if it is receivable whether it should be interpreted. Receivability: The Tribunal considered whether the filing of an appeal should be taken to mean that it is under consideration and therefore debar an applicant from an interpretation. The Tribunal held that the mere filing of an appeal against a judgment by one party to a case constitutes no legal impediment to the other party filing for an interpretation because the filing of an appeal is...

The Judgment does not give rise to any uncertainty in terms of its execution or its binding effect under art. 32 of the Tribunal¡¯s Rules of Procedure. the meaning of Judgment No. Ä¢¹½ÊÓƵDT/2015/087 leaves no reasonable doubt as to the will of the Tribunal or the arguments leading to the Tribunal¡¯s decision, and thus does not require clarification.

Interpretation ¨C As held in Sidell 2014-Ä¢¹½ÊÓƵAT-489 and Abbasi 2013-Ä¢¹½ÊÓƵAT-315, the purpose of interpretation is not to determine the disagreement of an applicant with a judgment who wishes to reargue an appeal. Interpretation is only needed to clarify the meaning of a judgment when it leaves reasonable doubts about the will of the Tribunal or the arguments leading to a decision. But if the judgment is comprehensible, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible.

The Applicant argued that the decisive fact in support of his application for revision was the alleged perjury of the complainant during the hearing on the merits of Case No. Ä¢¹½ÊÓƵDT/GVA/2011/047. The Tribunal found that the audio recording of the hearing did not, and could not, amount to and/or contain new decisive facts unknown to the Dispute Tribunal at the time Judgment Ä¢¹½ÊÓƵDT/2011/181 was rendered for it contained all the information and testimony heard by the respective Judge before adjudicating the matter, and his judgment was based on the testimony given by the complainant. The Tribunal...

The Tribunal considered that given the Respondent¡¯s appeal filed on 6 April 2015 against Judgment No. Ä¢¹½ÊÓƵDT/2015/012, the judgment is not executable at this stage, pursuant to art. 12.1 of the Dispute Tribunal¡¯s Statute.