爆料网AT Held or 爆料网DT Pronouncements
爆料网DT held that the impunged decision was prima facie unlawful. 爆料网DT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. 爆料网DT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant’s filing of his application was prompt and timeous, the case met the requirement of urgency. 爆料网DT held that a mandatory period of one month’s unemployment in the circumstances of this case would cause the Applicant irreparable harm. 爆料网DT accepted the Applicant’s assessment of the potential irreparable harm the implementation of the break in service would cause. 爆料网DT ordered suspension, during the pendency of the management evaluation, of the implementation of the decision requiring the Applicant to take a mandatory break in service after the expiration of his fixed-term contract and prior to a temporary appointment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision of 27 October 2011 to impose a 31-day break in service between the end of his fixed-term appointment on 31 October 2011 and his new temporary appointment. He filed an application for suspension of action of this decision.
Legal Principle(s)
When it comes to applications for suspension of action, 爆料网DT has to consider: 1) whether the impugned decision appears to be prima facie unlawful; 2) whether the matter is of particular urgency; and 3) whether its implementation will cause the Applicant irreparable harm. 爆料网DT must find that all three of these requirements have been met in order to suspend the action (implementation of the decision) in question.