UNDT/2012/145, Suri
Whether the decision being contested is the one taken by OHRM to separate the Applicant from service, or the earlier decision taken by UNSPC, or the pending decision of the ABCC, there is currently no case that is pending management evaluation. There is also no substantive application before the Tribunal in relation to which this request for interim relief could be considered. In any event, art. 10.2 of the Dispute Tribunal’s Statute provides that a suspension of the implementation of the contested administrative decision may not be granted in cases of termination, which includes separation for reasons of health and incapacity for further service (see staff rule 9.6(c)(iii)). In this regard the application stands to be dismissed.
The termination of her permanent appointment due to health reasons as a result of the 25 April 2012 approval by the United Nations Staff Pension Committee (“UNSPC”) of her disability benefits.
Article 2.2 of the Dispute Tribunal’s Statute provides an applicant with a measure of urgent interim relief in the form of a suspension of the implementation of a contested administrative decision, pending the review of the matter via management evaluation. Art. 10.2 of the Dispute Tribunal’s Statute empowers the Tribunal to provide an interim measure, to provide temporary relief to either party, in relation to a case which is already before the Tribunal. Such relief may include an order to suspend the implementation of a contested decision “except in cases of appointment, promotion or termination” (emphasis added).