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Article 2.1(a)

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The Tribunal finds that the Applicant is challenging an administrative decision that is alleged to be in non-compliance with his terms of appointment or his contract of employment and is not challenging the legitimacy of General Assembly resolution 66/234. The application is accordingly receivable.

The General Assembly resolution, Staff Rules, and the ICSC principles and guidelines are clear and unambiguous. These rules stipulate that GS staff wishing to apply for a professional post must first pass the G to P exam unless exceptional approval for a waiver is granted.

Staff at level FS-5 and...

UNAT endorsed the UNDT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative.  UNAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

The UNDT found that MINUSTAH erred when it excluded the Applicant from the comparative review process. The UNDT found that process should have included all staff for all available posts at the Mission after retrenchment, which was not done in this case. The UNDT found that the Applicant’s rights were breached in that she was not reviewed by the comparative review panel against all the remaining posts in the new mission structure. The UNDT found, however, that the Applicant’s contract expired and was not terminated. The UNDT found that the decision to separate the Applicant was lawful since it...