2010-Ģ��ƵAT-047

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. Ģ��ƵDT/2010/038. Ģ��ƵAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. Ģ��ƵAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by Ģ��ƵDT. Regarding judgment No. Ģ��ƵDT/2010/038, Ģ��ƵAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. Ģ��ƵAT held that the Appellant had failed to complete his appeal, demonstrating that the Ģ��ƵDT judgment had one or more of the five defects mentioned in Article 2. 1(a) to (e) of the Ģ��ƵAT Statute. Ģ��ƵAT held that the Ģ��ƵDT judgment did not suffer from any jurisdictional or legal defects based on any of the grounds urged by the Appellant. Ģ��ƵAT dismissed the appeals and affirmed the Ģ��ƵDT order and judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his fixed-term appointment and sought suspension of action. When the matter came up before Ģ��ƵDT on 5 January 2010, after being transferred from the Joint Appeals Board (JAB), the Applicant was invited to complete his statement of appeal, but he failed to do so. Ģ��ƵDT issued Order No. 02 (NBI/2010) granting the Applicant time to complete his appeal by 15 February 2010, with the rider that failure would entail his case getting struck out. In judgment No. Ģ��ƵDT/2010/038 Ģ��ƵDT struck out the application and noted that the Applicant had not provided any reasonable explanation as to why he did not comply with the Ģ��ƵDT Order.

Legal Principle(s)

The Appellant must satisfy Ģ��ƵAT that the Ģ��ƵDT judgment has one or more of the five defects mentioned in Article 2. 1(a) to (e) of the Ģ��ƵAT Statute.

Outcome

Appeal dismissed on merits

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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

Attandi

Entity

Case Number(s)

Tribunal

Registry