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2018-UNAT-828

2018-UNAT-828, Kallon

UNAT Held or UNDT Pronouncements

UNAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the UNAT judgment. UNAT 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. UNAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. UNAT 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. UNAT dismissed the application for execution of judgment.

Decision Contested or Judgment/Order Appealed

Previous UNAT judgment: The Applicant contested the decisions: 1) not to support his designation as Chief Procurement Officer (CPO) of the UN Interim Security Force for Abyei; 2) to withdraw his designation as CPO /of the UN Stabilization Mission in Haiti. UNDT issued a judgment on liability finding that the contested decisions were flawed and that the Applicant was entitled to compensation. Later, UNDT 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, UNDT 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. UNAT dismissed the appeals and affirmed the UNDT judgments.

Legal Principle(s)

Left deliberately blank.

Outcome
Revision, correction, interpretation or execution

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 UNDT Statute and Article 11(3) of the UNAT 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
Kallon
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