2010-��AT-032

��AT Held or ��DT Pronouncements

��AT rejected the Secretary-General��s interlocutory appeal against the ��DT order as not receivable, finding that ��DT had discretionary authority in case management and the production of evidence in the interest of justice. ��AT held that ��DT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. ��AT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

Decision Contested or Judgment/Order Appealed

The staff member filed an application for suspension of action of the decision to place him on administrative leave without pay. Following an oral hearing, ��DT ordered the Administration to submit a signed confirmation from the Secretary-General that he made the decision to place the staff member on administrative leave without pay pursuant to Staff Rule 10. 4.

Legal Principle(s)

��DT has discretionary authority in case management and the production of evidence in the interest of justice. It is not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry receivable.

Outcome

Appeal dismissed on receivability

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Applicants/Appellants

Calvani

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement