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066 (NY/2024)

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066 (NY/2024), Scepanovic

UNAT Held or UNDT Pronouncements

The Tribunal noted that the Applicant requested the interim measure of “[s]uspension of [a]ction of the proposed separation of the Applicant” under art. 14 of the Rules of Procedure. The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the application concerned termination, the temporary relief set out in art.14 was unavailable to the Applicant.

In any event, the Tribunal noted that the contested decision had already been implemented and that the Applicant had already been separated from service.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application with the Tribunal contesting the decisions to: (a) terminate his fixed-term appointment, and (b) not to place him on special leave with half pay, following the exhaustion of his entitlements to annual leave and certified sick leave. In his application, the Applicant requested an order for interim measures during the proceedings.

Legal Principle(s)

For the Tribunal to consider interim measures, several cumulative conditions set forth in the above-mentioned provisions must be met (see Nadeau Order No. 116 (NY/2015), Auda Order No. 156 (GVA/2016), Harvey Order No. 010 (GVA/2020), and Adelegan Order No. 112 (GVA/2020))

Outcome
Interim measure denied

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full order
Individual Party
Scepanovic
Entity
MINUSMA
Case Number(s)
UNDT/NY/2024/023
Tribunal
UNDT
Registry
New York
Date of Order
Duty Judge
Judge Adda
Language of Order
English
Issuance Type
Order
Categories/Subcategories
Interim measure denied
Applicable Law
UNDT RoP
UNDT Statute