Ãå±±½ûµØ

2013-UNAT-324, El-Komy

UNAT Held or UNDT Pronouncements

UNAT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; UNAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. UNAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was completed, could be considered as falling within the scope of the exception to the right to appeal. UNAT held that, as the UNDT Statute clearly prohibited the adoption of such suspension in cases of appointment, promotion, or termination, the appeal was receivable because UNDT exceeded its jurisdiction in ordering the suspension of the contested decision beyond the date of completion of management evaluation in a matter concerning an appointment. UNAT held that UNDT clearly exceeded its competence and, therefore, the appeal was receivable and well-founded. UNAT allowed the appeal and vacated the UNDT Order.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to separate him on the expiration of his probationary appointment. In Order No. 118 (NY/2013), UNDT denied Mr El-Komy’s request for an expedited hearing and suspended the separation decision pending the final determination on the substantive merits of the application or a further Order. UNDT considered that the exclusionary provision of Article 10(2) of the UNDT Statute was not applicable and that it had the power to order such interim relief. UNDT indicated that it would consider whether to review the case on an expedited basis once it had received the Secretary-General’s reply.

Legal Principle(s)

In principle, administrative decisions are executable upon their adoption. The suspension of the execution or implementation of an administrative decision constitutes an exception that cannot be extended beyond the limits and prohibition established by the UNDT Statute.

Outcome
Appeal granted

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.

Applicants/ Appellants
El-Komy
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Language of Judgment
Issuance Type