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UNAT considered the appeal. UNAT noted that while only final judgments of the UNDT are appealable, exceptions may be made when UNDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. UNAT held that an order denying an application for suspension of action does not constitute UNDT exceeding its jurisdiction. UNAT further noted that UNDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the UNDT Statute. UNAT held that the appeal was not receivable ratione materiae.

UNAT considered an interlocutory appeal by the Secretary-General. UNAT held that UNDT did not “clearly exceed its competence or jurisdiction” when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of “appointment, promotion, or termination” excluded from interim relief under Article 10. 2 of the UNDT Statute. Accordingly, UNAT dismissed the interlocutory appeal as not receivable.

UNAT noted that the Order under appeal was an interlocutory decision because it struck out the matter, which, UNAT clarified, did not mean that UNDT had dismissed the application. UNAT dismissed the appeal as not receivable, noting that the Appellant could supplement her application with UNDT within 90 days of the date of the publication of the UNAT judgment.

On the request for the oral hearing, UNAT held that the matter could be considered just as well on written submissions and that it was not persuaded that an oral hearing was necessary in the interests of justice. UNAT held that the Appellant’s complaints were about the content of the orders made, not about whether UNDT was empowered to make such orders, and as such, his appeal was not receivable and had to be dismissed. Noting that the case would be dismissed, UNAT made the following observations on the merits of the appeal: (1) UNDT was entitled to determine issues of receivability in...

UNAT dismissed the appeal, finding it not receivable. The Tribunal explained UNDT decisions on applications for suspension of action are not subject to appeal, pursuant to Article 2(2) of the UNDT Statute. The Tribunal also noted that this case did not fall under the narrow exceptions when appeals against interlocutory orders are allowed, i.e. when it is alleged that the UNDT has exceeded its competence or jurisdiction. UNAT did not find any excess of jurisdiction in the instant case and therefore deemed the appeal irreceivable.

Noting that an appeal against an interlocutory order would only be receivable in instances when it is clear and manifest that UNDT exceeded its jurisdiction or competence, UNAT actually rejected the Secretary-General’s appeal on the basis that it was moot. UNAT noted that UNDT had since disposed of the underlying case by Order No. 169; (NBI/2020) because the former staff never filed an application with the tribunal, even after being granted an extension.