51ÁÔÆæ

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant¡¯s permanent appointment was illegal. It further decided that even if one were to follow the Respondent¡¯s argument that it was post abolition, such abolition needed the approval of the Board of UNICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed 51ÁÔÆæ its obligation to make reasonable and good faith efforts under...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...