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2011-UNAT-101, Mezoui

UNAT Held or UNDT Pronouncements

UNAT had before it: an application for interpretation of judgment No. 2010-UNAT-043 on the issue of to which UNDT Registry UNAT remanded Ms Mezoui’s case; two appeals from UNDT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. UNAT held that the application for interpretation was a ruse to have UNAT interfere with UNDT’s assignment of venue. UNAT held that venue was a matter for the trial court’s discretion, with which it would not interfere. UNAT held that it would not, generally, entertain interlocutory appeals. UNAT denied the application for interpretation as unnecessary and interlocutory. UNAT denied the motion for joinder of interlocutory appeals and their fast-track hearing as interlocutory and moot. UNAT denied all of Ms Mezoui’s interlocutory appeals.

Decision Contested or Judgment Appealed

Previous UNAT judgment and UNDT orders: Ms Mezoui contested a determination by UNDT that her case was not receivable. In Judgment No. 2010-UNAT-043, UNAT remanded the case to UNDT for a hearing on the merits. In Order No. 71 (GVA/2010), UNDT ordered, inter alia, that the case be reopened, that a copy of a memorandum be transmitted to Ms Mezoui and that she must file a complete application to UNDT in Geneva by a certain date. In Order No. 73 (GVA/2010), UNDT rejected her motion for a change of venue.

Legal Principle(s)

Generally, UNAT will not entertain interlocutory appeals.

Outcome
Appeal dismissed on receivability

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Applicants/ Appellants
Mezoui
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Tribunal
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