2011-Ģ��ƵAT-159

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. Ģ��ƵAT held that Ģ��ƵDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. Ģ��ƵAT held that Ģ��ƵDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of management evaluation. Ģ��ƵAT held that both Orders violated Article 2(2) and Article 10(2) of the Ģ��ƵDT Statute. Ģ��ƵAT granted the appeals and vacated both Orders.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application for suspension of action of the decision not to renew his appointment. In Order No. 30 (NBI/2011), Ģ��ƵDT suspended the decision until 13 May 2011. In Order No. 33 (NBI/2011), Ģ��ƵDT ordered that the suspension remains in force until a determination on the merits.

Legal Principle(s)

The suspension of the execution or implementation of an administrative decision constitutes an exception that cannot be extended beyond the limits and prohibitions established by the Ģ��ƵDT Statute.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Igbinedion

Entity

Case Number(s)

Tribunal

Registry