2013-Ģ��ƵAT-324

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; Ģ��ƵAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. Ģ��ƵAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was completed, could be considered as falling within the scope of the exception to the right to appeal. Ģ��ƵAT held that, as the Ģ��ƵDT Statute clearly prohibited the adoption of such suspension in cases of appointment, promotion, or termination, the appeal was receivable because Ģ��ƵDT exceeded its jurisdiction in ordering the suspension of the contested decision beyond the date of completion of management evaluation in a matter concerning an appointment. Ģ��ƵAT held that Ģ��ƵDT clearly exceeded its competence and, therefore, the appeal was receivable and well-founded. Ģ��ƵAT allowed the appeal and vacated the Ģ��ƵDT Order.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to separate him on the expiration of his probationary appointment. In Order No. 118 (NY/2013), Ģ��ƵDT denied Mr El-Komy��s request for an expedited hearing and suspended the separation decision pending the final determination on the substantive merits of the application or a further Order. Ģ��ƵDT considered that the exclusionary provision of Article 10(2) of the Ģ��ƵDT Statute was not applicable and that it had the power to order such interim relief. Ģ��ƵDT indicated that it would consider whether to review the case on an expedited basis once it had received the Secretary-General��s reply.

Legal Principle(s)

In principle, administrative decisions are executable upon their adoption. The suspension of the execution or implementation of an administrative decision constitutes an exception that cannot be extended beyond the limits and prohibition established by the Ģ��ƵDT Statute.

Outcome

Appeal granted

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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

El-Komy

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement