UNAT Held or UNDT Pronouncements
The Applicant’s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant’s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the “implementation of [the Applicant’s] separation from service,” as there is no decision to suspend in relation to his imminent separation following the expiration of his temporary appointment. Furthermore, the application for suspension of action concerning the withdrawal of his offer of employment is also not receivable. The Administration fully executed this decision on 31 January 2025, and no further measures are required to implement it. Consequently, there is nothing left to suspend. The Tribunal, therefore, lacks the authority to entertain the present application. Granting an injunction in this instance would necessitate reversing the withdrawal of the offer of employmen, an action that falls outside the scope of a suspension of action application.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the administrative decision to withdraw his offer of employment due to a negative reference check and without an opportunity to be heard. He seeks a suspension of action order against the implementation of his separation from service effective 28 February 2025.
Legal Principle(s)
The Tribunal is competent to suspend the implementation of a contested administrative decision during the pendency of management evaluation where the decision appears prima facie to be unlawful, in case of particular urgency, and where its implementation would cause irreparable damage. These three requirements are cumulative.