2016-UNAT-641, Chemingui

UNAT Held or UNDT Pronouncements

UNAT considered an interlocutory appeal by the Secretary-General. UNAT held that UNDT did not “clearly exceed its competence or jurisdiction” when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of “appointment, promotion, or termination” excluded from interim relief under Article 10. 2 of the UNDT Statute. Accordingly, UNAT dismissed the interlocutory appeal as not receivable.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to laterally reassign him and requested a suspension of action. UNDT issued an order granting the staff member’s request for suspension of action pending resolution of the matter.

Legal Principle(s)

A lateral reassignment decision does not constitute a case of appointment, promotion, or termination. Therefore, it is subject to interim relief under Article 10. 2 of the UNDT Statute.

Outcome

Appeal dismissed on receivability

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Applicants/Appellants

Chemingui

Entity

ESCWA

Case Number(s)

2015-850

Tribunal

UNAT

Registry

New York

Date of Judgement