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The ±¬ÁÏÍøAT held that the issues on appeal were whether the ±¬ÁÏÍøDT had clearly exceeded its jurisdiction or competence in issuing the impugned interlocutory case?management orders, and whether any alleged procedural errors were effectively irremediable by a final judgment or manifestly unreasonable so as to justify interlocutory review. It recalled that appeals against interlocutory orders are receivable only in rare and exceptional circumstances, and that matters relating to evidence, procedure, and trial conduct fall within the ±¬ÁÏÍøDT¡¯s broad case?management discretion.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT...

The ±¬ÁÏÍøAT held that the issues on appeal were whether the ±¬ÁÏÍøDT erred in refusing to grant anonymity to the staff member in proceedings challenging a written reprimand, whether it misapplied the jurisprudence governing anonymization, and whether such an error justified interlocutory review. It recalled that interlocutory appeals are receivable only in rare and exceptional circumstances, including where an error is irremediable by a final judgment and it would be manifestly unreasonable for the impugned order to remain in effect.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT committed an error of law by...

The ±¬ÁÏÍøAT noted that the JAB is specifically empowered to rule on a request for suspension of action which is within its jurisdiction and competence, so there was no basis for the ±¬ÁÏÍøAT to consider the appeals unless and until there is a timely application from a decision on the merits. At such time, the ±¬ÁÏÍøAT may consider, if appropriate, the due process issues raised in the currently appeal by the former ISA staff members.

The ±¬ÁÏÍøAT noted that oral hearings would not assist the Tribunal with the fair and expeditious disposition of the case as there is no justification to hold oral hearings when...

The ±¬ÁÏÍøAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the ±¬ÁÏÍøDT issued the first Order. The ±¬ÁÏÍøAT held that this was not grounds to grant the interlocutory appeal, because ABA¡¯s arguments were heard by the ±¬ÁÏÍøDT when he filed his motion for reconsideration.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not exceed its competence or jurisdiction when it issued these case management orders. The ±¬ÁÏÍøAT was also not persuaded by ABA¡¯s argument that the violation...

The ±¬ÁÏÍøAT noted that as per ISA¡¯s Staff Rule the ±¬ÁÏÍøAT has the competence to ¡°order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level¡±. The ±¬ÁÏÍøAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall¡¯s Motion.

However, the ±¬ÁÏÍøAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB¡¯s decision. Mr...

As indicated by the Respondent in his reply, the selected candidate signed the letter of appointment and assumed her functions on 19 June 2024. She further completed the onboarding formalities on 24 June 2024. Consequently, the Tribunal finds that it can no longer entertain the instant application, which was filed on 28 June 2024, thus after the contested decision has been implemented. Granting an injunction would require reversing the onboarding of the selected candidate, which it clearly cannot do.

An application for suspension of action can only be entertained under the jurisdiction of the Dispute Tribunal when the challenged contested decision is the subject of an ongoing management evaluation (see Onana 2010-±¬ÁÏÍøAT-008, para. 19; Igbinedion 2011-±¬ÁÏÍøAT-159, para. 20). In the present case, the Applicant¡¯s management evaluation request was no longer pending. The evidence showed that the Deputy High Commissioner completed the management evaluation on 27 June 2024, and that the Applicant received the outcome of his management evaluation request the same day. Consequently, as the management...

Since the management evaluation in this case has been completed, one of the cumulative and mandatory conditions specified in art. 2.2 of the Tribunal¡¯s Statute is not fulfilled. The Tribunal will therefore not examine if the remaining statutory requirements have been met, as the matter now lies moot.

Pursuant to Article 2.2 of the Tribunal¡¯s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. These requirements are cumulative, meaning all three must be satisfied for a suspension of action to be granted. In this case, the record indicated that the Applicant¡¯s temporary contract had been extended until 11 March 2024...

The Applicant¡¯s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant¡¯s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the ¡°implementation of [the Applicant¡¯s] separation from...