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UNAT addressed both appeals by the Secretary-General in judgment No. 2014-UNAT-418. UNAT held that UNDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member’s appointment. UNAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. UNAT dismissed the appeals and affirmed...

Delegation of authority: Any withdrawal or limitation of the delegation of authority must be explicit. In the absence of a clear and formal revocation of the delegation by the delegating authority, the decision taken by the delegating authority is tainted by a substantial procedural flaw—that of the lack of competence of the decision-maker.Legal certainty and application of administrative issuances: ST/SGB/2009/10 does not provide for transitional measures in situations, such as the instant case, where an eligible staff member is assigned to a different department or office between the time...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties’ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties’ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties’ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

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...