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The Ä¢¹½ÊÓƵAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. Ä¢¹½ÊÓƵDT/2022/124 and that the Ä¢¹½ÊÓƵDT did not err in delivering its Judgment during the pendency of that appeal. The Ä¢¹½ÊÓƵAT nevertheless observed that the Ä¢¹½ÊÓƵDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the Ä¢¹½ÊÓƵAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT rightfully refused to...

Ä¢¹½ÊÓƵAT considered an appeal against Order No. Ä¢¹½ÊÓƵDT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, Ä¢¹½ÊÓƵAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. Ä¢¹½ÊÓƵAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. Ä¢¹½ÊÓƵAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. Ä¢¹½ÊÓƵAT accordingly held that Ä¢¹½ÊÓƵAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

The Secretary-General appealed, asserting that Ä¢¹½ÊÓƵDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana¡¯s appointment until it determined the substantive application on its merits. Ä¢¹½ÊÓƵAT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeals against Ä¢¹½ÊÓƵDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. Ä¢¹½ÊÓƵAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the Ä¢¹½ÊÓƵDT Statute authorizes Ä¢¹½ÊÓƵDT to order suspension of a contested decision only ¡°during the pendency of the management evaluation¡±. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering suspension of the contested...

Ä¢¹½ÊÓƵAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where Ä¢¹½ÊÓƵDT has manifestly exceeded its jurisdiction. Ä¢¹½ÊÓƵAT held that even though Ä¢¹½ÊÓƵDT may have committed a procedural error, it had not exceeded its jurisdiction. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in concluding that the Administration¡¯s decision, to take into consideration in the context of the Appellant¡¯s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration¡¯s subsequent change of approach. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly determined that the Appellant¡¯s claims in this regard had become moot. Ä¢¹½ÊÓƵAT held that, in rendering the Appellant¡¯s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, Ä¢¹½ÊÓƵDT had failed to give sufficient weight to a central...

Ä¢¹½ÊÓƵAT considered the three appeals by the Secretary-General against the Ä¢¹½ÊÓƵDT Orders. Ä¢¹½ÊÓƵAT held that the appeals were receivable because: (1) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) Ä¢¹½ÊÓƵDT exceeded its jurisdiction under Article 10. 2 of the Ä¢¹½ÊÓƵDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. Ä¢¹½ÊÓƵAT held that Order No. 129 suspended the contested decision beyond...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in converting on its own motion an application for suspension into an application on the merits, Ä¢¹½ÊÓƵDT had taken an ultra petita decision, ordering measures not requested of it. Ä¢¹½ÊÓƵAT held that, in taking the contested decision while a management evaluation was under way, Ä¢¹½ÊÓƵDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. Ä¢¹½ÊÓƵAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...