In particular, the Appellant: (1) requests “clarification on what were the reasons that delayed the delivery” of the Judgments; and (2) asserts that the “ESM is contesting the directive to pay one year’s salary and allowances” insofar as the Appellant disputes the manner in which the ESM has responded to that element of the Judgment. [...] On 1 March 2024, the ESM filed with the Tribunal a submission stating that the Appellant’s first point “relates to a question that is not within the remit of the ESM.” As to the Appellant’s second point, the ESM’s submission “seeks guidance on the meaning of the terms ‘one year’s salary and allowances’ contained in the Judgment in Case ESMAT 1/2023.” 7. [...] The loss of this opportunity must be fairly redressed by ordering the ESM to pay the Appellant the salary and allowances which the Appellant would have received by 2 Reports of the Executive Board to the Board of Governors on the Establishment of an Administrative Tribunal for the International Monetary Fund (1992), and on Amendments to the Statute of IMF Administrative Tribunal (2009 and 2020), p. [...] The Appellant further requests the payment of the employer’s part of the contributions to the health care insurance and the employer’s contributions to the pension plan on the basis of the damages for 12 months’ salary and allowances. [...] The parties’ request for guidance in the implementation of the Tribunal’s Judgment in Case ESMAT 1/2023 is admitted insofar as the parties dispute the meaning of those operative terms of the Judgment that prescribe that the ESM “shall pay the Appellant material damages in the amount of one year’s salary and allowances.” 3.
- Pages
- 6
- Published in
- Luxembourg
