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UNAT considered the three appeals by the Secretary-General against the UNDT Orders. UNAT held that the appeals were receivable because: (1) UNDT exceeded its jurisdiction under Article 2. 2 of the UNDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) UNDT exceeded its jurisdiction under Article 10. 2 of the UNDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. UNAT held that Order No. 129 suspended the contested decision beyond...

UNAT considered the Secretary-General’s appeal. UNAT held that, in converting on its own motion an application for suspension into an application on the merits, UNDT had taken an ultra petita decision, ordering measures not requested of it. UNAT held that, in taking the contested decision while a management evaluation was under way, UNDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. UNAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

UNAT granted the Secretary-General’s appeal on the basis that UNDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. UNAT held that UNDT took an ultra petita decision by ordering measures for which no claim had been made.

UNAT considered an appeal against UNDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. UNAT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to UNDT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, UNAT held that UNDT...

UNAT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against UNDT Order No. 101 (NBI/2011) and judgment No. UNDT/2012/002. The Secretary-General asserted that UNDT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the UNDT Statute had been met. UNAT held that UNDT did not respect the limit of five working days, as set forth in Villamoran (2011-UNAT-160), when it extended the suspension until 17 August 2011 when the...

UNAT considered the Appellant’s appeal and found that the Appellant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNAT held that the application for suspension of action during the pendency of management evaluation was rightly declared not receivable as it was time-barred. UNAT held that UNDT did not exceed or wrongly exercise its jurisdiction in rejecting the suspension of action. UNDT dismissed the appeal and upheld the UNDT judgment.

UNAT considered the appeal, in which the Secretary-General requested that UNAT consider the appeal receivable and find that UNDT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat’s appointment. UNAT noted that, in imminently executing the administrative order, UNDT failed to comply with the five-working-day limit, set forth in Villamoran (2011-UNAT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. UNAT consequently held that the appeal against the contested order was receivable and founded. UNAT rescinded...

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...

UNAT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. UNDT/2012/116. UNAT held that the Appellant had not established any excess of jurisdiction or competence on the part of UNDT; rather, his claims addressed the merits of the UNDT decision. UNAT noted that even if the UNDT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the UNDT...

UNAT noted that appeals from UNDT decisions on suspensions of action will only be receivable if UNDT, in adjudicating such applications, exceeded its competence or jurisdiction. UNAT held that the UNDT’s legal and factual reasoning fell entirely within its competence and jurisdiction. UNAT held that, although the Appellant’s claims addressed the merits of the UNDT judgment, they did not amount to claims that the UNDT exceeded its competence or jurisdiction. UNAT held that the appeal was not receivable. UNDT dismissed the appeal.