2012-Ģ��ƵAT-258

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that it would not lightly interfere with the Ģ��ƵDT��s exercise of its jurisdictional powers, conferred on Ģ��ƵDT by its Statute, which enables cases to be judged fairly and expeditiously. Ģ��ƵAT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of Ģ��ƵDT, notwithstanding the alleged breach of procedural fairness. Ģ��ƵAT held that the appeal was not receivable. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant filed a request for suspension of action of the decision that she would have to take a break in service. Ģ��ƵDT issued its judgment granting the suspension of action since the three conditions stipulated in Article 2. 2 Ģ��ƵDT Statute were met. The Secretary-General appealed.

Legal Principle(s)

In general, only appeals against judgments of the Ģ��ƵDT concerning matters of substance are receivable. Appeals against decisions taken during Ģ��ƵDT��s proceedings are non-receivable save in circumstances where the Ģ��ƵDT has exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on receivability

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

Kananura

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement