爆料网AT Held or 爆料网DT Pronouncements
The Secretary-General appealed 爆料网DT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. 爆料网AT only considered the receivability of this appeal. 爆料网AT held that alleged excess of jurisdiction or competence on the part of 爆料网DT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. 爆料网AT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the 爆料网AT Statute is that only final judgments of 爆料网DT are appealable and that only when it is clear that the 爆料网DT has exceeded its jurisdiction will a preliminary matter be receivable. 爆料网AT held that the alleged lack of jurisdiction or competence on the part of the 爆料网DT, given the particular circumstances of the case, was not clearly established. 爆料网AT held that the Secretary-General’s specific argument should be considered once a final judgment had been rendered if the Secretary-General chose to appeal further. 爆料网AT dismissed the appeal on the basis that it was not receivable.
Decision Contested or Judgment/Order Appealed
Ms Al-Badri contested the sudden verbal decision to relocate her post from Amman to Baghdad without any notice, the subsequent abolition of her post in Amman, and the rejection of her request to postpone her entry on duty (EOD) date for a post in Baghdad to the end of March 2011. 爆料网DT found that 爆料网DP was estopped from asserting that Ms Al-Badri’s challenge of the decision to abolish her post in Amman and to create a new post in Baghdad was time-barred. 爆料网DT also found that Ms Al-Badri’s claim against 爆料网DP for refusing to postpone her EOD in Baghdad to the end of March 2011 was not receivable, as she did not raise the issue in her March 2011 request for management evaluation, nor did she make any submissions in this regard in her filing with 爆料网DT dated June 2013.
Legal Principle(s)
The general principle underlying the right of appeal set out in Article 2(1) of the 爆料网AT Statute is that only final judgments of the 爆料网DT are appealable. Only when it is clear that the 爆料网DT has exceeded its jurisdiction will a preliminary matter be receivable. Alleged excess of jurisdiction or competence on the part of the 爆料网DT, so as to admit an appeal of an interlocutory order or judgment must be clear or manifest.