2020-Ģ��ƵAT-979

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal of Order No. 079. Ģ��ƵAT held that, regardless of whether Ģ��ƵDT may have committed an error of law, fact, or procedure, Article 2(2) of the Ģ��ƵDT Statute precluded an appeal to Ģ��ƵAT if Ģ��ƵDT acted within its jurisdiction or competence. Ģ��ƵAT held that Ģ��ƵDT acted within its jurisdiction or competence. Ģ��ƵAT held that the appeal was not receivable. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT Order.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his fixed-term appointment beyond its expiration as a result of a retrenchment exercise and submitted an application for suspension of action. In Order No. 079 (NBI/2019), the Ģ��ƵDT declined to suspend the administrative decision on grounds that the impugned administrative decision was not prima facie unlawful.

Legal Principle(s)

Appeals of Ģ��ƵDT decisions on suspensions of action are only receivable before Ģ��ƵAT if Ģ��ƵDT, in the adjudication of such applications, clearly exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on merits

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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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