Ä¢¹½ÊÓƵ

Article 36

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 21
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 1 - 10 of 30
    2010-Ä¢¹½ÊÓƵAT-011, Kasmani

    Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. Ä¢¹½ÊÓƵAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. Ä¢¹½ÊÓƵAT accordingly held that Ä¢¹½ÊÓƵAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

    2010-Ä¢¹½ÊÓƵAT-008, Onana

    The Secretary-General appealed, asserting that Ä¢¹½ÊÓƵDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana¡¯s appointment until it determined the substantive application on its merits. Ä¢¹½ÊÓƵAT noted 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; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. Ä¢¹½ÊÓƵAT...

    2012-Ä¢¹½ÊÓƵAT-197, Ndjadi

    Ä¢¹½ÊÓƵAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before Ä¢¹½ÊÓƵDT. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the Ä¢¹½ÊÓƵDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

    2014-Ä¢¹½ÊÓƵAT-488, Chocobar

    Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal of Ä¢¹½ÊÓƵDT Order No. 233, which contended that Ä¢¹½ÊÓƵDT exceeded its competence in issuing an order as there was no matter for adjudication after Ms Chocobar withdrew her application. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT, in making its Order in the absence of a case to adjudicate, lacked jurisdiction and exceeded its competence to a significant degree. Ä¢¹½ÊÓƵAT noted that Article 36 of the Ä¢¹½ÊÓƵDT RoP did not provide a legal basis for the Ä¢¹½ÊÓƵDT Order, as there was no case before Ä¢¹½ÊÓƵDT to which Article 36 could apply. Ä¢¹½ÊÓƵAT further noted that Article 36 does not allow Ä¢¹½ÊÓƵDT to...

    2015-Ä¢¹½ÊÓƵAT-558, Kouadio

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. Ä¢¹½ÊÓƵAT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that Ä¢¹½ÊÓƵDT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred on a question of law in finding that it could not determine the receivability of the application. Ä¢¹½ÊÓƵAT upheld the Secretary-General¡¯s appeal, vacated the Ä¢¹½ÊÓƵDT judgment and dismissed Mr...

    2021-Ä¢¹½ÊÓƵAT-1080, Mukeba

    Ä¢¹½ÊÓƵAT held the staff member¡¯s appeal of the Ä¢¹½ÊÓƵDT Judgment was defective as it failed to identify any of the five grounds of appeal set out in Article 2.1 of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT ruled that the appellant had failed to explain why the dismissal of his application by the Ä¢¹½ÊÓƵDT was erroneous. Additionally, Ä¢¹½ÊÓƵAT also held that it found no error in the practice of the Ä¢¹½ÊÓƵDT to dismiss an application for want of prosecution when there is sufficient reason to assume that the applicant is no longer interested in the litigation, based on Article 19 (Case management) and Article 36 (Procedural matters not...

    Ä¢¹½ÊÓƵDT/2009/079, Abubakr

    Outcome: The application for an extension of time to file an answer sets out in detail the reasons for the filing of an answer, and therefore the judge considered it as an application in terms of article 19 to file further papers. The judge held that in the current circumstances, receiving an additional submission that clarifies issues of fact and law may prevent unnecessary litigation, and assist the court in determining the questions before it in a fair and expeditious manner, and in doing justice to the parties. The judge granted the applicant leave to file an answer to the reply.

    Ä¢¹½ÊÓƵDT/2010/030, Abboud

    The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.

    Accountability referral: the USG¡¯s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...