2013-UNAT-322, Shkurtaj

UNAT Held or UNDT Pronouncements

UNAT considered an application for interpretation by Mr Shkurtaj on the issue of interest. UNAT referred to Warren (judgment No. 2010-UNAT-059) and Mmata (judgment No. 2010-UNAT-092) for the holding that interest was to be paid at the US Prime rate from the date on which the entitlement became due. UNAT held that the interest payable was at the US Prime Rate and that an extra five per cent should be added to the US Prime Rate if the judgment was not executed within 60 days of its issuance. UNAT held that the date from which interest on the compensation was to be paid at the US Prime Rate was calculated from the date of the UNDT judgment. UNAT ordered that the date from which interest was to be paid at the US Prime Rate was to be calculated from the date of the UNDT judgment.

Decision Contested or Judgment/Order Appealed

In judgment No. 2011-UNAT-148, Mr Shkurtaj was awarded compensation for the violation of his due process rights and for the delay.

Legal Principle(s)

Interest on compensation is to be paid at the US Prime rate from the date upon which the entitlement becomes due and an extra five per cent shall be added to the US Prime Rate if the judgment is not executed within 60 days of its issuance to the parties.

Outcome

Appeal dismissed on merits; Appeal granted in part

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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.

Full judgment

Applicants/Appellants

Shkurtaj

Entity

UNDP

Case Number(s)

2010-146

2010-147

Tribunal

UNAT

Registry

New York

Date of Judgement

8 Jul 2011

President Judge

Judge Adinyira

Language of Judgment

English

Issuance Type

Judgment

Categories/Subcategories

Compensation

Judgment-related matters

Interpretation of Judgment

Applicable Law

UNAT RoP

Article 25