Ä¢¹½ÊÓÆµ

2014-Ä¢¹½ÊÓÆµAT-494

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered motions seeking execution of four judgments (judgment No. 2013-Ä¢¹½ÊÓÆµAT-357, judgment No. 2013-Ä¢¹½ÊÓÆµAT-359, judgment No. 2013-Ä¢¹½ÊÓÆµAT-358, and judgment No. 2013-Ä¢¹½ÊÓÆµAT-360). Ä¢¹½ÊÓÆµAT denied these motions, noting that execution did occur in each of the cases. Ä¢¹½ÊÓÆµAT 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¢¹½ÊÓÆµAT Statute and Article 27 of the Ä¢¹½ÊÓÆµAT RoP. With respect to Ademagic et al. and Mr Longone¡¯s motion to hold decision letters in abeyance and without legal effect, Ä¢¹½ÊÓÆµAT held that the application to hold in abeyance was moot as it had ruled on their motion and the time limit for management evaluation had passed. Ä¢¹½ÊÓÆµAT denied all motions.

Decision Contested or Judgment/Order Appealed

Prior Ä¢¹½ÊÓÆµAT decision: On 17 October 2013, Ä¢¹½ÊÓÆµAT rendered judgments in Malmstr?m et al. (judgment No. 2013-Ä¢¹½ÊÓÆµAT-357), Longone (judgment No. 2013-Ä¢¹½ÊÓÆµAT-358), Ademagic et al. (judgment No. 2013-Ä¢¹½ÊÓÆµAT-359), and McMIlwraith (judgment No. 2013-Ä¢¹½ÊÓÆµAT-360). Ä¢¹½ÊÓÆµAT remanded the matters to the decision-maker, the Assistant Secretary-General for Human Resources Management. Ä¢¹½ÊÓÆµAT also awarded compensation and granted a Motion filed by the Secretary-General requesting an extension of the time limit in which to complete the new conversion process.

Legal Principle(s)

Where a judgment requires execution within a certain period and such execution has not been carried out, either party may apply to Ä¢¹½ÊÓÆµAT for an order for execution of the judgment.

Outcome

Appeal dismissed on receivability

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 Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT 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.

Applicants/Appellants
Sutherland et al
Entity
Registry
Date of Judgement
Language of Judgment
Issuance Type