51ÁÔÆæ

UNAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. UNAT held that the decision of the Administration to limit the appointment to UNMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, UNAT vacated the UNDT judgment.

UNAT held that UNDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. UNAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. UNAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. UNAT held that UNDT committed no error of law, fact, or...

UNAT held that UNDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). UNAT upheld the appeal, vacated and modified the UNDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant¡¯s application for mobility allowance.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. UNAT held that UNDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. UNAT held that UNDT contradicted UNAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

As a first preliminary matter, UNAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. UNAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and UNAT would not have asked her to disclose such information. UNAT denied the motion. As a second preliminary matter, UNAT considered a motion to respond to the Respondent¡¯s observations on a motion. UNAT held that its RoP did...

UNAT held that UNDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because UNDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. UNAT held that UNDT also erred in fact when it found that certain UNAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited UNAT precedents.

UNAT held that UNDT correctly found that the non-extension of Mr Houenou¡¯s temporary appointment was a proper exercise of discretion in light of the mission¡¯s budgetary situation.

UNDT held that the application was receivable ratione temporis and ratione materiae. UNDT held that it could not be stated that the decision of nonrenewal was an improper exercise of discretion. UNDT held that the evidence showed that the Applicant¡¯s appointment was not renewed because there was no further funding available. UNDT held that there was no evidence to support the Applicant¡¯s contention that the decision to extend her contract in January 2008 using Joint Integrated Technical Assistance Programme funds, while she was working on other projects, was done in order to prepare the ground...

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...

It is not the function of the Tribunal to review the prior JAB report, but to consider whether the respondent acted properly and with due regard to the applicant¡¯s due process rights in deciding to appoint the applicant at the G-3 level. It is incumbent upon any party making serious allegations to produce supporting evidence. It was for the applicant, as a freely contracting person, to decide whether or not to accept the appointment and she did so on the basis of the clear oral and written conditions governing her appointment.Outcome: Application dismissed in its entirety.