Interlocutory appeal

The UNAT considered three appeals by the applicant.

The UNAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the UNAT.

The UNAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the UNDT. The UNAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

The UNAT first dismissed as not receivable Mr. Loto’s appeal of the UNDT’s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General.  The UNAT held that these matters could be addressed in Mr. Loto’s appeal of the judgment on the merits of his application.

The UNAT was satisfied that the UNDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

The UNAT dismissed the interlocutory appeal as not receivable on grounds that the UNDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases.  The UNAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier UNAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal.  The UNAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

As to the appeal against the UNDT’s Order for expungement of the impugned documents from its case file, UNAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. UNAT found that the UNDT’s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...

The Secretary-General filed appeals against UNDT Orders. UNAT determined that, generally, only appeals against final judgments are receivable. UNAT noted that an interlocutory appeal is receivable exceptionally in cases where UNDT has clearly exceeded its jurisdiction or competence. UNAT held that it would not interfere lightly with the broad discretion of UNDT in the management of cases. Further, UNAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before UNDT could seldom proceed if either party were able to appeal interlocutory...

UNAT considered an appeal against Order No. UNDT/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, UNAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. UNAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. UNAT dismissed the appeal.

UNAT, applying Bertucci (2010-UNAT-062), rejected as not receivable an interlocutory appeal against UNDT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within UNDT’s jurisdiction. The alleged lack of jurisdiction of UNDT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. UNAT further held that the appeal against UNDT’s order for production of the OIOS...

UNAT preliminarily rejected the request for an oral hearing since there was no need for further clarification. UNAT held that the appeal was not receivable for not being filed against a final judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. UNDT/2010/038. UNAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. UNAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by UNDT. Regarding judgment No. UNDT/2010/038, UNAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. UNAT held that the Appellant had failed to complete his appeal...

UNAT rejected the Secretary-General’s interlocutory appeal against the UNDT order as not receivable, finding that UNDT had discretionary authority in case management and the production of evidence in the interest of justice. UNAT held that UNDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. UNAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.