Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the Ä¢¹½ÊÓƵAT judgment. Ä¢¹½ÊÓƵAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. Ä¢¹½ÊÓƵAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. Ä¢¹½ÊÓƵAT held that there was no merit in Mr Kallon¡¯s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse of process. Ä¢¹½ÊÓƵAT dismissed the application for execution of judgment.
Decision Contested or Judgment/Order Appealed
Previous Ä¢¹½ÊÓƵAT judgment: The Applicant contested the decisions: 1) not to support his designation as Chief Procurement Officer (CPO) of the Ä¢¹½ÊÓƵ Interim Security Force for Abyei; 2) to withdraw his designation as CPO /of the Ä¢¹½ÊÓƵ Stabilization Mission in Haiti. Ä¢¹½ÊÓƵDT issued a judgment on liability finding that the contested decisions were flawed and that the Applicant was entitled to compensation. Later, Ä¢¹½ÊÓƵDT issued a judgment on relief in which it ordered the rescission of the contested decisions, removal of the decisions and related specific documents from the Applicant¡¯s Official Status File (OSF), and placement of its judgment therein. In a separate judgment, Ä¢¹½ÊÓƵDT awarded compensation for non-pecuniary damages in the amount of USD 50,000, with interest. The Secretary-General appealed against both judgments on liability and relief. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed the Ä¢¹½ÊÓƵDT judgments.
Legal Principle(s)
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