蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频DT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. 蘑菇视频DT held that the contested decision in the present case did not appear to be prima facie unlawful. 蘑菇视频DT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. 蘑菇视频DT also held that the decision of non-renewal was not an improper exercise of discretion. 蘑菇视频DT held that there was no evidence that the non-renewal decision was a veiled disciplinary sanction for the Applicant’s previous non-compliance with respect to his transfer to Nairobi. 蘑菇视频DT rejected the Applicant’s request.
Decision Contested or Judgment/Order Appealed
The Applicant requested suspension of the decision not to extend his fixed-term appointment beyond its expiration date.
Legal Principle(s)
A request for suspension of action can only be granted in cases where all criteria have been satisfied. All three of the requirements for suspension – prima facie unlawfulness, urgency, irreparable damage - have to be fulfilled in a cumulative way.