UNDT/2009/003, Hepworth
UNDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. UNDT held that the contested decision in the present case did not appear to be prima facie unlawful. UNDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. UNDT also held that the decision of non-renewal was not an improper exercise of discretion. UNDT held that there was no evidence that the non-renewal decision was a veiled disciplinary sanction for the Applicant’s previous non-compliance with respect to his transfer to Nairobi. UNDT rejected the Applicant’s request.
The Applicant requested suspension of the decision not to extend his fixed-term appointment beyond its expiration date.
A request for suspension of action can only be granted in cases where all criteria have been satisfied. All three of the requirements for suspension – prima facie unlawfulness, urgency, irreparable damage - have to be fulfilled in a cumulative way.