UNAT Held or UNDT Pronouncements
The UNAT noted that as per ISA’s Staff Rule the UNAT has the competence to “order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level”. The UNAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall’s Motion.
However, the UNAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB’s decision. Mr. Hall did not seek relief which was consistent with the decision of the JAB, rather he sought relief that was contrary to the JAB’s decision. In addition, the harm that he claims is not irreparable, because if he succeeds on his ultimate claim, he may be eligible for compensatory relief from the JAB or the UNAT.
With regards to the appeal of the interlocutory decision on a suspension of action, the UNAT held that such an appeal is not within its limited jurisdiction. The Special Agreement between ISA and the United Nations does not provide for such appeals. An aggrieved party must wait for final resolution of the matter before filing an appeal.
The UNAT noted that the decision of the Joint Appeals Board to decline to order suspension of action did not exceed its competence or its jurisdiction when it was empowered by ISA’s Staff Rules to make that determination.
The UNAT dismissed the motion for interim measures on the merits and dismissed the interlocutory appeal as not receivable.
Decision Contested or Judgment/Order Appealed
Mr. Hall a former staff member of the International Seabed Authority (ISA) contested a decision of the ISA Joint Appeals Board, in which it denied a joint request for suspension of action, made by Mr. Hall and three other staff members, to suspend termination of their appointments and cessation of any recruitment, reclassification or restructuring of their posts.
In decision ISA/JAB/Joint Appellants/2025 the JAB denied the request. The JAB recalled that under the relevant ISA Staff Rule 11.2(c)(ii), a request for suspension of action must meet two conditions: (i) the contested decision has not been implemented, and (ii) its implementation would result in irreparable injury. The JAB concluded that suspension of action was not possible because the contested decision, namely the termination of the staff members’ appointments, had already been executed.
Mr. Hall filed an appeal and a motion for interim measures to suspend ISA’s termination of his appointment and prevent ISA from recruiting for, or reclassifying or restructuring, his post pending the outcome of his appeal.
Legal Principle(s)
Article 9(4) of the UNAT Statute limits interim measures to the exceptional circumstance in which such relief is necessary “to prevent irreparable harm and to maintain consistency with the judgement of the Dispute Tribunal”.
A suspension of action proceeding does not lead to a final resolution on the merits, but is instead a form of preliminary relief pending a final decision after further proceedings. An appeal from such an interlocutory decision is not within the limited jurisdiction of the Appeals Tribunal.