2010-UNAT-032, Calvani

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The staff member filed an application for suspension of action of the decision to place him on administrative leave without pay. Following an oral hearing, UNDT ordered the Administration to submit a signed confirmation from the Secretary-General that he made the decision to place the staff member on administrative leave without pay pursuant to Staff Rule 10. 4.

Legal Principle(s)

UNDT has discretionary authority in case management and the production of evidence in the interest of justice. It is not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry receivable.

Outcome

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Calvani

Entity

UNICRI

Case Number(s)

2010-044

Tribunal

UNAT

Registry Location :

New York