爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by 爆料网AT. On the merits, 爆料网AT found that 爆料网DT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of 17 December 2013. 爆料网AT found that it was clear that the contested decision was the decision informing Ms Guzman of her separation from service, prior to the expiry of her fixed-term appointment. 爆料网AT was satisfied that the subject matter of the application for interim relief before 爆料网DT was a termination decision. 爆料网AT found that 爆料网DT exceeded its competence in ordering the suspension of action. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Guzman sought rescission of the decision to separate her from service effective 31 December 2013. She also filed a motion for interim relief, seeking an Order suspending the decision to separate her from service which was due to be implemented on 31 December 2013. After finding that the application fulfilled the requirements set forth in the relevant statutory instruments, 爆料网DT suspended the decision to separate Ms Guzman from service, pending the substantive hearing and determination of her application on the merits.
Legal Principle(s)
Termination is a separation initiated by the Secretary-General. An appeal may be filed against a judgment of 爆料网DT where it exceeded its jurisdiction or competence.