��DT/2009/003

��AT Held or ��DT Pronouncements

��DT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. ��DT held that the contested decision in the present case did not appear to be prima facie unlawful. ��DT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. ��DT also held that the decision of non-renewal was not an improper exercise of discretion. ��DT held that there was no evidence that the non-renewal decision was a veiled disciplinary sanction for the Applicant��s previous non-compliance with respect to his transfer to Nairobi. ��DT rejected the Applicant��s request.

Decision Contested or Judgment/Order Appealed

The Applicant requested suspension of the decision not to extend his fixed-term appointment beyond its expiration date.

Legal Principle(s)

A request for suspension of action can only be granted in cases where all criteria have been satisfied. All three of the requirements for suspension �C prima facie unlawfulness, urgency, irreparable damage - have to be fulfilled in a cumulative way.

Outcome

Dismissed on merits

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Applicants/Appellants

Hepworth

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement