2016-惇蹋厙AT-641

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an interlocutory appeal by the Secretary-General. 惇蹋厙AT held that 惇蹋厙DT did not ※clearly exceed its competence or jurisdiction§ when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of ※appointment, promotion, or termination§ excluded from interim relief under Article 10. 2 of the 惇蹋厙DT Statute. Accordingly, 惇蹋厙AT dismissed the interlocutory appeal as not receivable.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to laterally reassign him and requested a suspension of action. 惇蹋厙DT issued an order granting the staff member＊s request for suspension of action pending resolution of the matter.

Legal Principle(s)

A lateral reassignment decision does not constitute a case of appointment, promotion, or termination. Therefore, it is subject to interim relief under Article 10. 2 of the 惇蹋厙DT Statute.

Outcome

Appeal dismissed on receivability

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

Applicants/Appellants

Chemingui

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement