2010-Ģ��ƵAT-062

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Secretary-General filed appeals against Ģ��ƵDT Orders. Ģ��ƵAT determined that, generally, only appeals against final judgments are receivable. Ģ��ƵAT noted that an interlocutory appeal is receivable exceptionally in cases where Ģ��ƵDT has clearly exceeded its jurisdiction or competence. Ģ��ƵAT held that it would not interfere lightly with the broad discretion of Ģ��ƵDT in the management of cases. Further, Ģ��ƵAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before Ģ��ƵDT could seldom proceed if either party were able to appeal interlocutory decisions. Ģ��ƵAT held that in this case, it saw no reason to depart from the general rule that only appeals against final judgments are receivable. Ģ��ƵAT dismissed the Secretary-General��s interlocutory appeals as not receivable.

Decision Contested or Judgment/Order Appealed

The staff member contested his non-selection for the post of ASG/DESA. Before and during the hearing of the case, Ģ��ƵDT issued a series of Orders (i. e. Order Nos. 40, 42, 43, 44 and 46 (NY/2010)).

Legal Principle(s)

Ģ��ƵAT generally has no jurisdiction to receive interlocutory appeals (i. e. appeals against rulings made during the course of trial before a final judgment is rendered). Interlocutory appeals are only receivable where Ģ��ƵDT has clearly exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on receivability

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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

Bertucci

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement