2010-Ģ��ƵAT-008

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Secretary-General appealed, asserting that Ģ��ƵDT 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. Ģ��ƵAT 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. Ģ��ƵAT accordingly found that Ģ��ƵDT exceeded the limits of its competence when it ordered suspension of the decision until the judgment on the merits of the case has been rendered. Ģ��ƵAT annulled the contested decision.

Decision Contested or Judgment/Order Appealed

Mr Onana contested the requested suspension of the decision not to renew his fixed-term appointment. Ģ��ƵDT granted the request until a substantive application contesting the non-renewal was heard and determined.

Legal Principle(s)

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. As a result, this exception applies only to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. In a situation in which Ģ��ƵAT is led to observe that Ģ��ƵDT has exceeded its competence, the appeal will be judged receivable.

Outcome

Appeal granted

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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.

Applicants/Appellants

Onana

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement