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The UNAT noted that the reclassification request was made by UNIFIL and not by the staff member.

The UNAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the UNDT by the staff member.  Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment.  The fact that there were delays in the reclassification decision does not change the analysis.  It is a...

The UNAT held that the UNDT erred in finding that ST/SGB/2003/13 imposes a requirement of “undue advantage” for sexual exploitation to occur.  The UNAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse.  The UNAT emphasized that the UNDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation.  Therefore, the UNAT held that the...

UNAT agreed that the Secretary-General has implied discretion to revoke benefits if a staff member does not satisfactorily furnish evidence of continued eligibility of existing entitlements, which may arise because of a change in circumstances. UNAT also found that UNDT did not err when it held that the legal frameworks for the two benefit systems are different and that the decisions made under the two legal regimes need not be consistent. Article 33 of the UNSPF Regulations does not require proof of a loss of earning capacity and the requirement of “incapacitation” is a purely medical...

The Secretary-General appealed on the premise that UNDT improperly substituted its decision for that of the Administration. UNAT disagreed and found that the reason UNDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. UNAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...

UNDT found the application receivable and determined that the post number provided by the ICSC for reclassification purposes was that of a Compensation Officer with functions distinct from those performed by the applicant. Therefore, in the absence of a properly budgeted post, the request of the ICSC was a request for classification advice prior to a budgetary submission, which required General-Assembly approval. The reclassification proposal was not included in the budgetary submission to the General Assembly, and, accordingly, the General Assembly did not approve the proposed...

The Tribunal does not accept the Applicant’s submission that the Respondent made a contestable administrative decision concerning her reassignment on 29 December 2012. The Tribunal finds that the Respondent did not make a new contestable administrative decision concerning her reassignment on 29 December 2012. It confirmed the original decision made in February 2012. As the Applicant did not seek management evaluation of the original decision within the required 60 days, her application is not receivable by the Tribunal. It is settled law that a decision is considered final when the...

Lawfulness of non-renewal decision: The Tribunal held that the instructions from UNHQ about the need for UNMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

UNDT held that a plain reading of staff regulation 2.1 makes it clear that the Administration is obliged to provide a classification not only for the staff members but also for the posts that they are encumbering. UNDT held that nowhere in Personnel Directive/1/94 it is as much as contemplated that a staff member at the GS-level, even on a short-term temporary appointment as the Applicant, could be hired against an unclassified post. UNDT held that the administrative decision under review is clearly the decision by which the Applicant was recruited against an unclassified post when he was...