爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not act lawfully in issuing an order in direct contravention of the established 爆料网AT jurisprudence. However, 爆料网AT also held that parties before 爆料网DT must obey its binding decisions and that a decision by 爆料网DT remained legally valid until such time as 爆料网AT vacated it. 爆料网AT held that the Secretary-General’s refusal to comply with 爆料网DT’s order was vexatious. 爆料网AT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 爆料网AT upheld the appeal in part.
Accountability Referral: The 爆料网AT vacated the 爆料网DT referrals for possible action to enforce accountability.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to extend his appointment. 爆料网DT issued Order No. 30, granting his request for suspension of action of the contested decision pending management evaluation. 爆料网DT issued Order No. 33, granting suspension of action until the case was reviewed on the merits. In Order No. 110, 爆料网DT reiterated the suspension of the non-extension decision pending the determination of the merits. 爆料网AT vacated Orders No. 30 and No. 33. In respect of Order No. 30, 爆料网AT concluded that 爆料网DT had exceeded its jurisdiction and committed an error of law, as it had extended the suspension of action beyond the date of completion of management evaluation. Regarding Order No. 33, 爆料网AT concluded that 爆料网DT had exceeded its jurisdiction by extending the suspension of action until the final determination of the case on its merits, in contravention of Article 10. 2 of the 爆料网DT Statute, which excludes such a possibility in cases of appointment, promotion or termination. 爆料网-Habitat did not extend the staff member’s appointment, in contravention of that order, and in judgment No. 爆料网DT/2013/024, 爆料网DT held that there was an obligation to execute 爆料网DT Order No. 33, which had not been met. 爆料网DT found, inter alia, that three 爆料网-Habitat officials and OLA were in contempt of its authority and made referrals for accountability.
Legal Principle(s)
The absence of compliance may merit contempt proceedings. 爆料网AT sets precedents, to be followed in like cases by the Dispute Tribunal (principle of stare decisis). An interlocutory order by 爆料网DT remains legally valid until such time as it has been vacated by 爆料网AT. Parties before 爆料网DT must obey its binding decisions.