2012-惇蹋厙AT-252

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

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

Decision Contested or Judgment/Order Appealed

惇蹋厙DT Judgment: The Applicant filed an application for suspension of action of the decision not to extend her temporary appointment. 惇蹋厙DT ordered suspension of the decision not to extend her contract pending the outcome of the management evaluation, since all the conditions listed in Article 2.2 of the Tribunal＊s Statute had been fulfilled.

Legal Principle(s)

This tribunal has consistently held that as a general rule only appeals against judgments concerning matters of substance are receivable. Appeals against decisions taken during proceedings, however, denominated by the 惇蹋厙DT (order, judgment, etc.), are non-receivable save in those exceptional cases where the 惇蹋厙DT has clearly exceeded its competence.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Khambatta

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement