2012-UNAT-257

2012-UNAT-257, Baron

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to grant him additional compensation under Appendix D to the Staff Rules for permanent loss of ear, nose, throat and pulmonary functions. In an interim judgment, UNDT considered the application receivable, even though the Applicant had not submitted the contested decision to management evaluation. The Secretary-General appealed.

Legal Principle(s)

UNDT has broad discretion with respect to case management. In general, interlocutory appeals taken against decisions in the course of proceedings are not receivable.

Outcome

Appeal dismissed on receivability

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Full Judgment

Applicants/ Appellants

Baron

Entity

UNOG

Case Number(s)

2011-273

Tribunal

UNAT

Registry Location :

New York