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Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant¡¯s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

Testimony of anonymous witnesses: The Tribunal held that the testimony of witnesses whom the Applicant has not had the opportunity to confront in proceedings is not inadmissible per se. However, a decision adverse to a staff member in a disciplinary case may not be based solely on this. There must be some independent evidence that can confirm the anonymous testimony, especially where the staff member has not had a chance to confront the witnesses and therefore challenge any incriminating evidence they have given against the staff member. The Tribunal also held that the requirements of due...

The Tribunal finds, inter alia, that no international labour standards or the United Nation¡¯s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal¡¯s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...

Any decision issued by the Advisory Board on Compensation Claims( ABCC) will be a new administrative decision which will supersede the one contested in the present case and which will be subject to this Tribunal¡¯s authority upon the filing of an application by either of the concerned parties.

Placement on SLWFP: The Tribunal held that there was ample evidence that the underlying rationale behind the placement of the Applicant on SLWFP related to misconduct and as such, his suspension cannot be justified under former staff rule 105.2(a)(i) since the Respondent did not have the requisite authority to place him on SLWFP in the context of an investigation. The Tribunal concluded that the Respondent¡¯s placement of the Applicant on SLWFP was in actuality a suspension from service pursuant to former staff rule 110.2 and section 6 of ST/AI/371. Due Process: The Tribunal held that the scope...

The Applicant¡¯s letter of appointment stated that his appointment was subject to termination in the interest of the Organization, as determined by the Secretary-General. By signing his letter of appointment, the Applicant agreed that his appointment could be terminated, in addition to the reasons stated in the staff regulations and rules, this additional discretionary clause. The Tribunal considers that the determination of the interest of the Organization is the Secretary¡¯s General exclusive attribute and the circumstances under which the Secretary-General is to determine ¡°the interest of the...

The Assistant Secretary-General for Human Resources Management and the CRB correctly determined that it cannot be in the interest of the Organization nor of its operational activities to grant permanent appointments under the circumstances in force. UNDT rejected the Application to rescind the decision of the Respondent not to grant the him a permanent appointment. There was no indication that the ICTR was afforded delegation of authority to convert a staff member to a permanent appointment; Section 3.3 of SGB/2009/10 only gives power to the responsible officer of Human Resources at a duty...