Ģ��ƵDT/2016/176

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Tribunal dismissed the application in its entirety.

Decision Contested or Judgment/Order Appealed

The Applicant, a former Security Officer with the Security and Safety Services in the Department of Safety and Security filed an application requesting the Tribunal to (a) provide an interpretation of para. 51, 53 and 55(a) and (b) of Judgment Kisia No. Ģ��ƵDT/2016/040 in Case No. Ģ��ƵDT/NY/2014/061 (Kisia), (b) issue an order for the execution of Kisia Ģ��ƵDT/2016/040, and (c) grant the Applicant non�Cpecuniary damages for the alleged delay in executing Kisia Ģ��ƵDT/2016/040.

Legal Principle(s)

Admissibility of a request for interpretation: The Appeals Tribunal set out the test for when a request for interpretation is admissible in Abbasi 2013-Ģ��ƵAT-315.Timing of execution of a judgment: In most cases, the execution of a judgment requires only one executional act (uno ictu). However, the execution of Kisia Ģ��ƵDT/2016/040 consists of several steps to be followed due to the specificity of the procedure which involves different decisional levels.Evidence of moral damages: In Dahan Ģ��ƵDT/2015/053 and Mutiso Ģ��ƵDT/2015/059 (neither judgment was appealed), the Dispute Tribunal concluded that the evidence on moral damage can, for instance, be produced in pleadings and documents on record which demonstrate a clear showing of harm.

Outcome

Revision, correction, interpretation or execution

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Applicants/Appellants

Kisia

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Case Number(s)

Tribunal

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Date of Judgement