2016-Ģ��ƵAT-641

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an interlocutory appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT did not ��clearly exceed its competence or jurisdiction�� when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of ��appointment, promotion, or termination�� excluded from interim relief under Article 10. 2 of the Ģ��ƵDT Statute. Accordingly, Ģ��ƵAT dismissed the interlocutory appeal as not receivable.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to laterally reassign him and requested a suspension of action. Ģ��ƵDT issued an order granting the staff member��s request for suspension of action pending resolution of the matter.

Legal Principle(s)

A lateral reassignment decision does not constitute a case of appointment, promotion, or termination. Therefore, it is subject to interim relief under Article 10. 2 of the Ģ��ƵDT Statute.

Outcome

Appeal dismissed on receivability

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Applicants/Appellants

Chemingui

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement