Ä¢¹½ÊÓÆµ

2016-Ä¢¹½ÊÓÆµAT-671

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered the appeal. Ä¢¹½ÊÓÆµAT noted that while only final judgments of the Ä¢¹½ÊÓÆµDT are appealable, exceptions may be made when Ä¢¹½ÊÓÆµDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. Ä¢¹½ÊÓÆµAT held that an order denying an application for suspension of action does not constitute Ä¢¹½ÊÓÆµDT exceeding its jurisdiction. Ä¢¹½ÊÓÆµAT further noted that Ä¢¹½ÊÓÆµDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the Ä¢¹½ÊÓÆµDT Statute. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Department for General Assembly and Conference Management to separate him upon the expiration of his fixed-term appointment and to not renew his appointment. He also filed an application for suspension of action and interim measures pending judicial review of the contested decision. Ä¢¹½ÊÓÆµDT denied the Applicant¡¯s requests.

Legal Principle(s)

Generally speaking, only final judgments of the Ä¢¹½ÊÓÆµDT are appealable but exceptions may be made when Ä¢¹½ÊÓÆµDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. An order denying an application for suspension of action cannot be considered to be a case in which the Ä¢¹½ÊÓÆµDT clearly exceeded its jurisdiction.

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 Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT 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.