Ä¢¹½ÊÓƵ

Article 10.2

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.8
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)¨C(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.4
  • Article 9.4
    • Showing 11 - 20 of 52
    2012-Ä¢¹½ÊÓƵAT-252, Khambatta

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where Ä¢¹½ÊÓƵDT has manifestly exceeded its jurisdiction. Ä¢¹½ÊÓƵAT held that even though Ä¢¹½ÊÓƵDT may have committed a procedural error, it had not exceeded its jurisdiction. Ä¢¹½ÊÓƵAT dismissed the appeal.

    2012-Ä¢¹½ÊÓƵAT-256, Benchebbak

    Ä¢¹½ÊÓƵAT considered the three appeals by the Secretary-General against the Ä¢¹½ÊÓƵDT Orders. Ä¢¹½ÊÓƵAT held that the appeals were receivable because: (1) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 10. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. Ä¢¹½ÊÓƵAT held that Order No. 129 suspended the contested decision beyond...

    2012-Ä¢¹½ÊÓƵAT-244, Bali

    Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in converting on its own motion an application for suspension into an application on the merits, Ä¢¹½ÊÓƵDT had taken an ultra petita decision, ordering measures not requested of it. Ä¢¹½ÊÓƵAT held that, in taking the contested decision while a management evaluation was under way, Ä¢¹½ÊÓƵDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. Ä¢¹½ÊÓƵAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

    2012-Ä¢¹½ÊÓƵAT-243, Hersh

    Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal on the basis that Ä¢¹½ÊÓƵDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took an ultra petita decision by ordering measures for which no claim had been made.

    2013-Ä¢¹½ÊÓƵAT-324, El-Komy

    Ä¢¹½ÊÓƵAT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; Ä¢¹½ÊÓƵAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. Ä¢¹½ÊÓƵAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

    2013-Ä¢¹½ÊÓƵAT-300, Wamalala

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that as the Secretary-General had clearly established the Ä¢¹½ÊÓƵDT¡¯s lack of jurisdiction, Ä¢¹½ÊÓƵAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. Ä¢¹½ÊÓƵAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. Ä¢¹½ÊÓƵAT held that the appeal was receivable. On the merits, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that there was one...

    2014-Ä¢¹½ÊÓƵAT-455, Guzman

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Ms Guzman¡¯s Motion to file an Addendum to Answer the Secretary-General¡¯s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by Ä¢¹½ÊÓƵAT. On the merits, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman¡¯s amended Motion of...

    2014-Ä¢¹½ÊÓƵAT-410, Igbinedion

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not act lawfully in issuing an order in direct contravention of the established Ä¢¹½ÊÓƵAT jurisprudence. However, Ä¢¹½ÊÓƵAT also held that parties before Ä¢¹½ÊÓƵDT must obey its binding decisions and that a decision by Ä¢¹½ÊÓƵDT remained legally valid until such time as Ä¢¹½ÊÓƵAT vacated it. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s refusal to comply with Ä¢¹½ÊÓƵDT¡¯s order was vexatious. Ä¢¹½ÊÓƵAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. Ä¢¹½ÊÓƵAT upheld the appeal in part.

    Accountability Referral: The Ä¢¹½ÊÓƵAT...

    2016-Ä¢¹½ÊÓƵAT-671, Auda

    Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that while only final judgments of the Ä¢¹½ÊÓƵDT are appealable, exceptions may be made when Ä¢¹½ÊÓƵDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. Ä¢¹½ÊÓƵAT held that an order denying an application for suspension of action does not constitute Ä¢¹½ÊÓƵDT exceeding its jurisdiction. Ä¢¹½ÊÓƵAT further noted that Ä¢¹½ÊÓƵDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that the appeal was not receivable ratione materiae.

    2016-Ä¢¹½ÊÓƵAT-609, Siri

    Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding no need for further clarification of the issues. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.