2010-Ģ��ƵAT-011

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Secretary-General��s appeal. Ģ��ƵAT 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. Ģ��ƵAT 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. Ģ��ƵAT accordingly held that Ģ��ƵAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant��s application was rendered. Ģ��ƵAT consequently annulled Ģ��ƵDT��s judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his contract. Ģ��ƵDT ordered a suspension of action of this decision until a decision on the merits of the Applicant��s application had been reached.

Legal Principle(s)

The exclusion of the right to appeal a decision on the suspension of action on an administrative decision constitutes an exception to the general principle of law of the right of appeal and should therefore be interpreted strictly. It thus follows that this exception can be applied only to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing.

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

Kasmani

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement