2011-Ģ��ƵAT-160

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Secretary-General appealed the Ģ��ƵDT order. Ģ��ƵAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of Ģ��ƵDT RoP have elapsed, and where Ģ��ƵDT is not in a position to make a decision under Article 2. 2 of the Ģ��ƵDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the Ģ��ƵDT Statute and Article 13 of Ģ��ƵDT RoP meaningless in cases where the implementation of the contested administrative decision is imminent. Ģ��ƵAT concluded that Ģ��ƵDT did not exceed its jurisdiction in rendering the impugned order and the Secretary-General��s interlocutory appeal was, therefore, not receivable. Ģ��ƵAT held that Article 8. 6 of the Ģ��ƵAT RoP, which provides that ��the filing of an appeal shall suspend the execution of the judgment contested��, does not apply to appeals of interlocutory orders rendered by Ģ��ƵDT and that any orders rendered by Ģ��ƵDT require execution even in cases where the order is being appealed. It falls to Ģ��ƵAT to decide whether Ģ��ƵDT exceeded its jurisdiction in rendering an interlocutory order and the Administration cannot refrain from executing an order by filing an appeal against it on the basis that Ģ��ƵDT exceeded its jurisdiction.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT Order: The staff member requested the suspension of two administrative decisions: (i) the decision to place her on a temporary appointment after the expiration of her fixed-term contract; and (ii) the decision to require her to take a break in service of 31 days prior to her placement on a temporary appointment. Ģ��ƵDT noted that under Article 13 of Ģ��ƵDT RoP, Ģ��ƵDT had five days from the service of an application of suspension of action on the respondent to consider the application; and that in this case, the contested administrative decision was due to be implemented before the five-day period. Ģ��ƵDT determined that further submissions were required for the fair and expeditious disposal of the application and to do justice to the parties. Therefore, Ģ��ƵDT ordered a preliminary suspension of the implementation of the contested decisions pending the final determination of the application for suspension of action.

Legal Principle(s)

Where the implementation of an administrative decision is imminent and takes place before the five-day period provided for under Article 13 of Ģ��ƵDT RoP has elapsed, Ģ��ƵDT has the discretion to grant a preliminary suspension of action pending its consideration of the application for suspension of action. Such an order rendered by Ģ��ƵDT requires execution even in cases where the order is being appealed.

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

Villamoran

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement