ż

102 (NY/2024)

View PDF

102 (NY/2024), Stockholder

UNAT Held or UNDT Pronouncements

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 motion for interim measures concerned appointment, the temporary relief set out in art.14 was unavailable to the Applicant.

Accordingly, the motion for interim measures during the proceedings was rejected.

In any case, the Tribunal noted that the contested decision had already been implemented as the Applicant had been separated from UNHCR.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the “[d]ecision to not to extend the Applicant’s [fixed-term appointment for an additional five year period or shorter”.

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), Harvey Order No. 10 (GVA/2020)).

Outcome
Interim measure denied
Outcome Extra Text

The Tribunal granted Respondent’s motion to exceed the page limit for the reply.

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
Stockholder
Entity
UNHCR
Case Number(s)
UNDT/NY/2024/032
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