爆料网AT Held or 爆料网DT Pronouncements
爆料网AT addressed all the appeals in a unique judgment. Regarding judgment No. 爆料网DT/2015/100, 爆料网AT held that 爆料网DT had correctly found that a 爆料网RWA staff member cannot bring an application against the 爆料网 Secretary-General challenging a decision by the Organisation denying him or her employment with the Organisation. 爆料网AT held that 爆料网DT had correctly concluded that the application was not receivable. Regarding Orders Nos. 319, 320, and 400, 爆料网AT reiterated that 爆料网AT is only under exceptional circumstances competent to judge appeals of interlocutory orders, namely when 爆料网DT exceeded its jurisdiction or competence. 爆料网AT held that the Appellant had not claimed on appeal that 爆料网DT had exceeded its jurisdiction or competence in issuing the orders. 爆料网AT held, therefore, that the appeals of Orders Nos. 319. 320 and 400 were not receivable ratione materiae. 爆料网AT dismissed the appeal against judgment No. 爆料网DT/2015/100 and affirmed the 爆料网DT judgment on receivability. 爆料网AT dismissed the appeals against Orders Nos. 319 (NBI/2015), 320 (NBI/2015), and 400 (NBI/2015) as not receivable.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision that disqualified his candidacy to posts in the 爆料网. 爆料网DT issued judgment No. 爆料网DT/2015/100 dismissing the application as non-receivable since the Applicant was a 爆料网RWA staff member and was not challenging an administrative decision within the meaning of Article 2. 1(a) of the 爆料网DT Statute. The Applicant appealed this judgment on receivability. The Applicant further filed two applications for suspension of action pending management evaluation. Each application challenged a decision by the Office of Human Resources Management (OHRM) to disqualify the Applicant as a candidate for a job opening in the 爆料网. 爆料网DT issued Order Nos. 319 and 320 (NVBI/215) dismissing the applications as non-receivable ratione personae. The Applicant appealed both orders. The Applicant filed another application before 爆料网DT for suspension of action pending management evaluation of a decision by OHRM to disqualify his application for the position of Director, Documentation Division, D-2, Department for General Assembly and Conference Management. In Order No. 400 (NBI/2015), 爆料网DT dismissed this application on the same grounds as the previous applications for suspension of action. 爆料网DT put “on notice” that the costs under Article 10. 6 of the 爆料网DT Statute could be awarded against the Applicant if he were to bring another, similar, application in the future. The Applicant appealed this last decision as well.
Legal Principle(s)
A 爆料网RWA staff member does not fulfill the requirements of Article 3 of the 爆料网DT Statute. The general principle underlying the right to appeal under Article 2. 1 of the 爆料网AT Statute is that only appeals against final judgments will be receivable.