51ÁÔÆæ

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties¡¯ arguments that the USG/OIOS could or should have ¡°surrendered¡± her...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-; 684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

Receivability The contested decision, i.e., the decision taken by the Director, ID, OIOS, not to rearrange the Applicant¡¯s reporting lines is an administrative decision. In fact, reporting lines relate directly to the core of the employee-employer relationship and have an impact not only on the daily functions that the staff member performs but, also, on its evaluation and future career prospects. Hierarchy and reporting lines are an essential part of a complex normative framework for performance management, namely ST/AI/2010/5, and impact directly the staff member¡¯s terms of employment...

The Tribunal reviewed the evidence on record and found that the Organization followed the instructions provided by the Appeals Tribunal in Gueben et. al. 2016-UNAT-692, and properly considered the Applicant¡¯s suitability for a permanent appointment in the reconsideration exercise that led to the contested decision of 17 March 2017. According to the evidence on file, the Administration assessed the Applicant¡¯s qualifications, competencies and transferable skills while taking into account the overall interests of the Organization. Considering that UNKART is a downsizing entity, the Tribunal...

Since the Applicant withrew his claims, there is no longer a matter for judicial consideration and determination and therefore the cases are closed.

The Tribunal commended the parties and the Ombudsman for their efforts in finding an alternative resolution following proactive case management by the Tribunal, as encouraged by General Assembly Resolution 70/112, adopted on 31 December 2015.

The Tribunal also highlighted the positive contribution of the Chief, Languages Services, in the resolution of this matter, through her regular attendance at CMDs as well as the cooperative and positive approach adopted by the Applicant.

Although each claim was being dealt with separately, given the resolution agreed between the parties, the Tribunal ordered that these claims be subject to an order for combined proceedings. There being no matter for judicial consideration and determination in these cases, the cases were closed.

The Administration is bound 51ÁÔÆæ its applicable legal framework promulgated in accordance with the mandate of the General Assembly, regardless of the impact of its implementation on staff members¡¯ benefits and entitlement. Any changes to the benefits and entitlements scheme could have different impact to staff members, and it is not the role of the Administration to consider such impact. The Administration is bound by its own regulations, rules and administrative issuances, and there is no requirement to harmonize the application of the rules among different United Nations entities...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...