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REQUESTING A SUSPENSION OF ACTION
If you have been informed of a decision in writing, but it has not yet taken effect, you may request a suspension of action on that decision (Staff Rule 111.2(c)) if and only if you believe that its implementation will cause direct and irreparable injury to your rights as a staff member (Staff Rule 111.2(c)(i) and (ii)). This means that the type of damage sustained cannot be remedied by any financial award. Examples might include a lost opportunity to be interviewed for a certain post or damage to your professional reputation.
If your case meets the above criteria, you should submit to the Secretary of the Joint Appeals Board a copy of the contested decision and a brief statement explaining the background to the decision and, more importantly, how your rights as a staff member would be irreparably injured if the decision were to be implemented.
Six copies should then be forwarded to the JAB, S-2110, as quickly as
possible.
Upon establishing receivability, the JAB will then forward a copy of your submission to the Respondent. An impromptu JAB panel will be constituted, and you or your counsel will be notified of a date and time of the hearing.
The parties at the hearing will consist of you and/or your counsel, and a representative of the Secretary-General. Each party will have the opportunity to make statements before the JAB Panel, which will consist of a Chairperson, a Member Appointed by the Secretary-General and a Member elected by the Staff. The Chairperson will guide the proceedings and the Panel may ask questions of either party.
When the hearing is concluded, the Panel will meet privately to consider only the following: the existence of an administrative decision; if so, whether it has not yet been implemented and, if so, whether its implementation will cause the Appellant direct and irreparable injury.
If and only if the Panel believes that the above criteria have been will it recommend that implementation of the contested decision be suspended until either the time limit in which to file an appeal have passed without your having followed up with submission of an appeal (Staff Rule 111.2(c)(ii)a)or, if you have already filed an appeal, until the appeals process is complete and Secretary-General has made a final decision (Staff Rule 111.2(c)(ii)b). Regardless, the Panel Secretary will prepare a report promptly for submission to the Secretary-General.
You will be notified by the JAB when the Panelís recommendation has been forwarded to the Secretary-General. You will then be notified by the Secretary-General when a decision has been made. The Secretary-Generalís decision on your request for suspension of action is not itself appealable (Staff Rule 111.2(c)(iii)).
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