Interlocutory appeal

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.

UNAT considered the Secretary-General’s appeals against UNDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. UNAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the UNDT Statute authorizes UNDT to order suspension of a contested decision only “during the pendency of the management evaluation”. UNAT found that UNDT exceeded its jurisdiction in ordering suspension of the contested...

UNAT had before it: an application for interpretation of judgment No. 2010-UNAT-043 on the issue of to which UNDT Registry UNAT remanded Ms Mezoui’s case; two appeals from UNDT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. UNAT held that the application for interpretation was a ruse to have UNAT interfere with UNDT’s assignment of venue. UNAT held that venue was a matter for the trial court’s discretion, with which it would not interfere. UNAT held that it would not, generally, entertain interlocutory appeals. UNAT denied the application for...

UNAT considered an appeal by the Secretary-General. UNAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where UNDT has manifestly exceeded its jurisdiction. UNAT held that even though UNDT may have committed a procedural error, it had not exceeded its jurisdiction. UNAT dismissed the appeal.

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

UNAT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. UNAT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when UNDT committed an error of law or fact. UNAT dismissed the appeal and upheld the UNDT judgment.

UNAT considered the three appeals by the Secretary-General against the UNDT Orders. UNAT held that the appeals were receivable because: (1) UNDT exceeded its jurisdiction under Article 2. 2 of the UNDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) UNDT exceeded its jurisdiction under Article 10. 2 of the UNDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. UNAT held that Order No. 129 suspended the contested decision beyond...

UNAT granted the Secretary-General’s appeal on the basis that UNDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. UNAT held that UNDT took an ultra petita decision by ordering measures for which no claim had been made.

UNAT considered an appeal against UNDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. UNAT 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 UNDT 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, UNAT held that UNDT...