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UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Silva. UNAT held that UNDT committed several errors of law and fact and the decision to reassign Ms. Silva was without procedural flaws. UNAT held that UNAT’s jurisprudence does not establish a need for prior consultation for every reassignment. UNAT held that UNDT had an incorrect understanding of the contested administrative decision. UNAT held that UNDT erred when it held that the reassignment decision should have been notified in formal writing as it significantly altered Ms. Silva’s terms and conditions of...

The application was rejected as not receivable ratione materiae.

The Tribunal rejected the application as being not receivable ratione materiae.

The Tribunal rejected the application as being not receivable ratione materiae.

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...

International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...