2014-Ģ��ƵAT-455

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ģ��ƵAT dismissed Ms Guzman��s Motion to file an Addendum to Answer the Secretary-General��s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by Ģ��ƵAT. On the merits, Ģ��ƵAT found that Ģ��ƵDT��s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman��s amended Motion of 17 December 2013. Ģ��ƵAT found that it was clear that the contested decision was the decision informing Ms Guzman of her separation from service, prior to the expiry of her fixed-term appointment. Ģ��ƵAT was satisfied that the subject matter of the application for interim relief before Ģ��ƵDT was a termination decision. Ģ��ƵAT found that Ģ��ƵDT exceeded its competence in ordering the suspension of action. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ms Guzman sought rescission of the decision to separate her from service effective 31 December 2013. She also filed a motion for interim relief, seeking an Order suspending the decision to separate her from service which was due to be implemented on 31 December 2013. After finding that the application fulfilled the requirements set forth in the relevant statutory instruments, Ģ��ƵDT suspended the decision to separate Ms Guzman from service, pending the substantive hearing and determination of her application on the merits.

Legal Principle(s)

Termination is a separation initiated by the Secretary-General. An appeal may be filed against a judgment of Ģ��ƵDT where it exceeded its jurisdiction or competence.

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

Guzman

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement