2012-Ģ��ƵAT-198

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT noted that Ģ��ƵDT correctly stated that the former Ģ��Ƶ Administrative Tribunal considered and rejected all of the Appellant��s other pleas and that for this reason, the matter of interest was res judicata. Ģ��ƵAT also noted that Ģ��ƵDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. Ģ��ƵAT found that, as the Secretary-General did not appeal, he had therefore accepted the Ģ��ƵDT��s decision and financial award. Ģ��ƵAT held that Ģ��ƵDT��s decision was final. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to reject her plea for payment of USD 25,863. 40, representing ��underpayment�� of her disability benefit under Appendix D to the Staff Rules. Ģ��ƵDT determined that the Respondent had correctly calculated the amount of her Appendix D disability benefit in US dollars, consequently, there was no issue of underpayment.

Legal Principle(s)

The authority of a final judgment cannot be readily set aside. There must be an end to litigation and the stability of the judicial process requires that final judgments by an appellate court not be set aside unless for the gravest of reasons. Once a judgment is executable, either party may apply to Ģ��ƵDT for an order for execution of the judgment if the judgment requires execution within a certain period of time and such execution has not been carried out.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Meron

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement