爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeals against 爆料网DT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. 爆料网AT 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 爆料网DT Statute authorizes 爆料网DT to order suspension of a contested decision only “during the pendency of the management evaluation”. 爆料网AT found that 爆料网DT exceeded its jurisdiction in ordering suspension of the contested decision not to renew the staff member’s contract beyond the deadline for management evaluation. 爆料网DT also exceeded its jurisdiction under Article 10.2 of the 爆料网DT Statute by ordering suspension of the contested decision not to renew the staff member’s contract pending the final determination of the case. 爆料网AT emphasized that almost no preliminary matters would be receivable, for instance, matters of evidence, procedure, and trial conduct. 爆料网AT held that only when it is clear that 爆料网DT has exceeded its jurisdiction will a preliminary matter be receivable.
Decision Contested or Judgment/Order Appealed
The staff member filed an application for suspension of action of the decision not to renew his contract. 爆料网DT ordered that the contested decision be suspended pending the final determination of the substantive appeal and that the staff member’s salary be paid from the date of the order until the final determination of the case.
Legal Principle(s)
Generally, only appeals against final judgments are receivable. However, when it is clear that 爆料网DT has exceeded its jurisdiction, a preliminary matter may be receivable. Under Article 2. 2 of the 爆料网DT Statute, 爆料网DT has the competence to order the suspension of that decision only during the pendency of the management evaluation.