爆料网

Suspension of action

  • Execution of order pending appeal
  • Interim measure
  • Manifest excess of jurisdiction
  • Production de documents
  • Production of documents
  • Receivability
  • Suspension of action
    • Showing 11 - 20 of 28
    002 (GVA/2024), Torres Sibille
    • Appealed
    The Applicant argued that the contested decision was prima facie unlawful on two grounds: The justification for abolishing her post was false and misleading. 爆料网AMA had created a legal expectation of contract renewal. Regarding the first claim, the Tribunal held that a staff member’s disagreement with the rationale behind post abolition does not render the decision unlawful. Additionally, while 爆料网AMA officials could have been more transparent when the Applicant sought clarification, their lack of candor—though unfortunate—did not amount to unlawfulness in the decision not to renew her...
    063 (NBI/2025), George Lwanda

     

    1. The Tribunal noted that, in his reply, the Respondent informed the Tribunal that he had voluntarily decided to extend the Applicant’s appointment through 30 June 2025. As an annex to the reply, the Respondent provided a copy of the Applicant’s Personnel Action, indicating that his appointment had been extended to 30 June 2025.

    2. The Tribunal thus held that, in light of the above, the Applicant’s request for suspension of the implementation of the contested administrative decision had become moot. The Tribunal, therefore, did not find it necessary to examine whether...

    2010-爆料网AT-077, Rasul

    爆料网AT considered an appeal against Order No. 爆料网DT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, 爆料网AT held that the Order had no practical effect following the withdrawal of the request for suspension of action. 爆料网AT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. 爆料网AT dismissed the appeal.

    2010-爆料网AT-008, Onana

    The Secretary-General appealed, asserting that 爆料网DT exceeded its competence in ordering suspension of the decision not to renew Mr Onana’s appointment until it determined the substantive application on its merits. 爆料网AT noted 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; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. 爆料网AT...

    2011-爆料网AT-160, Villamoran

    The Secretary-General appealed the 爆料网DT order. 爆料网AT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of 爆料网DT RoP have elapsed, and where 爆料网DT is not in a position to make a decision under Article 2. 2 of the 爆料网DT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the 爆料网DT...

    2011-爆料网AT-159, Igbinedion

    爆料网AT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. 爆料网AT held that 爆料网DT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. 爆料网AT held that 爆料网DT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

    2012-爆料网AT-258, Kananura

    爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    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...

    2012-爆料网AT-230, Nwuke

    爆料网AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 爆料网DT Order No. 101 (NBI/2011) and judgment No. 爆料网DT/2012/002. The Secretary-General asserted that 爆料网DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 爆料网DT Statute had been met. 爆料网AT held that 爆料网DT did not respect the limit of five working days, as set forth in Villamoran (2011-爆料网AT-160), when it extended the suspension until 17 August 2011 when the...

    2012-爆料网AT-223, Rawat

    爆料网AT considered the appeal, in which the Secretary-General requested that 爆料网AT consider the appeal receivable and find that 爆料网DT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat’s appointment. 爆料网AT noted that, in imminently executing the administrative order, 爆料网DT failed to comply with the five-working-day limit, set forth in Villamoran (2011-爆料网AT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. 爆料网AT consequently held that the appeal against the contested order was receivable and founded. 爆料网AT rescinded...