2016-UNAT-671

2016-UNAT-671, Auda

UNAT Held or UNDT Pronouncements

UNAT considered the appeal. UNAT noted that while only final judgments of the UNDT are appealable, exceptions may be made when UNDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. UNAT held that an order denying an application for suspension of action does not constitute UNDT exceeding its jurisdiction. UNAT further noted that UNDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the UNDT Statute. UNAT held that the appeal was not receivable ratione materiae.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Department for General Assembly and Conference Management to separate him upon the expiration of his fixed-term appointment and to not renew his appointment. He also filed an application for suspension of action and interim measures pending judicial review of the contested decision. UNDT denied the Applicant’s requests.

Legal Principle(s)

Generally speaking, only final judgments of the UNDT are appealable but exceptions may be made when UNDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. An order denying an application for suspension of action cannot be considered to be a case in which the UNDT clearly exceeded its jurisdiction.

Outcome

Appeal dismissed on receivability

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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

Auda

Entity

DGACM

Case Number(s)

2016-882

Tribunal

UNAT

Registry Location :

New York