爆料网

Suspension of action / interim measures

  • Irreparable damage
  • Mootness
  • Particular urgency
  • Prima facie unlawfulness
  • Receivability
    • Showing 21 - 30 of 135
    2012-爆料网AT-255, Igunda

    爆料网AT considered an appeal against 爆料网DT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. 爆料网AT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to 爆料网DT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, 爆料网AT held that 爆料网DT...

    2013-爆料网AT-324, El-Komy

    爆料网AT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; 爆料网AT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. 爆料网AT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

    2013-爆料网AT-330, Nwuke

    爆料网AT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. 爆料网DT/2012/116. 爆料网AT held that the Appellant had not established any excess of jurisdiction or competence on the part of 爆料网DT; rather, his claims addressed the merits of the 爆料网DT decision. 爆料网AT noted that even if the 爆料网DT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the 爆料网DT...

    2013-爆料网AT-327, Tiwathia

    爆料网AT noted that appeals from 爆料网DT decisions on suspensions of action will only be receivable if 爆料网DT, in adjudicating such applications, exceeded its competence or jurisdiction. 爆料网AT held that the 爆料网DT’s legal and factual reasoning fell entirely within its competence and jurisdiction. 爆料网AT held that, although the Appellant’s claims addressed the merits of the 爆料网DT judgment, they did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction. 爆料网AT held that the appeal was not receivable. 爆料网DT dismissed the appeal.

    2013-爆料网AT-314, Mpacko

    爆料网AT held that Ms Mpacko’s claims addressed the merits of the 爆料网DT decision and did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction in denying her application for suspension of action. 爆料网AT held that 爆料网DT did not exceed its competence or jurisdiction in denying Ms Mpacko’s application for suspension of action. 爆料网AT held that the appeal was not receivable.

    2014-爆料网AT-481, Lee

    爆料网AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 爆料网DT/2013/147. As a preliminary matter, 爆料网AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 爆料网AT found that 爆料网DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 爆料网AT held that the appeals of these Orders were not...

    2014-爆料网AT-410, Igbinedion

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not act lawfully in issuing an order in direct contravention of the established 爆料网AT jurisprudence. However, 爆料网AT also held that parties before 爆料网DT must obey its binding decisions and that a decision by 爆料网DT remained legally valid until such time as 爆料网AT vacated it. 爆料网AT held that the Secretary-General’s refusal to comply with 爆料网DT’s order was vexatious. 爆料网AT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 爆料网AT upheld the appeal in part.

    Accountability Referral: The 爆料网AT...

    2020-爆料网AT-998, Barud

    爆料网AT considered an appeal of 爆料网DT Order No. 087 by Ms Barud. 爆料网AT dismissed her motion to admit additional documents related to the substantive issue of justification for the non-renewal of her contract, due to their lack of relevance to the matter for decision by 爆料网AT on her application for a suspension of action. 爆料网AT noted that there was no reason why these documents could not be used by Ms Barud for the substantive matter, which was, at that time, before 爆料网DT. 爆料网AT held that the appeal failed on the grounds that Ms Barud did not apply for a suspension within the statutory time limit. In...