2012-Ģ��ƵAT-243

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT granted the Secretary-General��s appeal on the basis that Ģ��ƵDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. Ģ��ƵAT held that Ģ��ƵDT took an ultra petita decision by ordering measures for which no claim had been made.

Decision Contested or Judgment/Order Appealed

The staff member requested suspension of the administrative decision not to transfer her to Ģ��Ƶ Mission in South Sudan (Ģ��ƵMISS) when the Ģ��Ƶ Mission in Sudan (Ģ��ƵMIS) mandate expired. Ģ��ƵDT held that her application for a suspension of action order should be refused on the grounds that the application did not satisfy one of the three conditions required for granting it. Nonetheless, having judged that the impugned decision not to transfer the staff member to Ģ��ƵMISS was unlawful, it ordered her application for suspension of action to be transferred to the ��general cause list�� for a hearing on the merits.

Legal Principle(s)

In general, only appeals against judgments on the merits are receivable. Appeals against decisions taken during proceedings are receivable only in exceptional cases where Ģ��ƵDT has manifestly exceeded its jurisdictional powers. Ģ��ƵDT has jurisdiction to order a suspension of action on an application filed by an individual requesting it to suspend, during the pendency of the management evaluation that is the subject of an ongoing management evaluation, the implementation of a contested administrative decision, where the decision appears i) prima facie to be unlawful, ii) in cases of particular urgency and iii) where its implementation would cause irreparable damage.

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

Hersh

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Case Number(s)

Tribunal

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Date of Judgement