2015-Ģ��ƵAT-507

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. Ģ��ƵAT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. Ģ��ƵAT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of Ģ��ƵDT, was more proper for consideration once a final judgment has been rendered by Ģ��ƵDT, if the Secretary-General chose to appeal, as the matters in issue were interconnected with the merits of the case. Ģ��ƵAT held that the Secretary-General��s appeal was not receivable and dismissed it.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to keep him on medical leave for more than two years after his doctors had recommended that he was fit to return to work; the inaction and/or refusal to take him back into service for over two years; and the failure by the Administration to reimburse financial claims that accrued to him as a result of the forced medical leave. Limiting itself to the question of receivability, Ģ��ƵDT found the application was receivable in substance and time.

Legal Principle(s)

In general, only final judgments of Ģ��ƵDT are appealable. An interlocutory appeal is receivable where Ģ��ƵDT has clearly exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on receivability

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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.

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