爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the three appeals by the Secretary-General against the 爆料网DT Orders. 爆料网AT held that the appeals were receivable because: (1) 爆料网DT exceeded its jurisdiction under Article 2. 2 of the 爆料网DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 爆料网DT exceeded its jurisdiction under Article 10. 2 of the 爆料网DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 爆料网AT held that Order No. 129 suspended the contested decision beyond management evaluation and Order No. 136 confirmed Order No. 129 even though management evaluation had been finalized. 爆料网AT held that 爆料网DT thereby violated Article 2. 2 of the 爆料网DT Statute and Article 13 of the 爆料网DT RoP, which provide for suspension of the implementation of a contested decision only during the pendency of the management evaluation. 爆料网AT held that Order No. 142 decided a suspension in a matter of appointment during 爆料网DT proceedings and thereby violated Article 10. 2 of the 爆料网DT Statute, which prohibits the suspension of the implementation of an administrative decision in cases of appointment, promotion, or termination. 爆料网AT upheld the Secretary-General’s appeals and vacated 爆料网DT Orders.
Decision Contested or Judgment/Order Appealed
Mr Benchebbak requested management evaluation of the decision not be extend his appointment and later requested 爆料网DT to suspend the implementation of the contested decision, pending management evaluation. 爆料网DT issued Order No. 129 ordering the suspension of the contested decision until 10 November 2011, to allow the filing of the Respondent’s comments, the hearing and the determination of this matter. The Secretary-General requested that the Order be discharged. Later Mr Benchebbak filed an application on the merits as well as a request for interim relief. 爆料网DT issued Order No. 136 rejecting the Secretary-General’s request to have Order No. 129 discharged. 爆料网DT issued Order No. 142 by which it disposed of Mr Benchebbak’s application for suspension of action under Article 14 of the 爆料网DT RoP. 爆料网DT found the application receivable as the contested decision amounted to a non-renewal rather than a termination. 爆料网DT accordingly found that the prohibition of the suspension of decisions on appointment, promotion, and termination provided for in Article 10. 2 of the 爆料网DT Statute and Article 14 of the 爆料网DT RoP did not apply. 爆料网DT found that the criteria for suspending the contested decision were met and consequently ordered the continued suspension of the contested decision, pending the determination of the case on the merits.
Legal Principle(s)
In cases where 爆料网DT has clearly exceeded its jurisdiction, 爆料网AT will exceptionally receive the appeal, e.g.: (1) where 爆料网DT has exceeded its jurisdiction under Article 2.2 of 爆料网DT Statute and Article 13 of 爆料网DT Rules of Procedure by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) where 爆料网DT has exceeded its jurisdiction under Article 10.2 of the 爆料网DT Statute and Article 14 of the 爆料网DT Rules of Procedure by ordering during the proceedings suspension of the contested decision as an interim measure in a case of appointment, promotion or termination.