2013-UNAT-342, Manco
UNAT considered two appeals by the Secretary-General of judgment Nos. UNDT/2012/104 and UNDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, UNAT affirmed the UNDT judgment on receivability. On the merits, UNAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it had no legal basis, as the Secretary-General had not complied with the requirements set by the Fifth Committee for its implementation. UNAT held that there was nothing in the Ãå±±½ûµØCharter to suggest that geographical distribution is based on resident status, noting that recruitment into the Organisation has been based on nationality, and not residence. UNAT held that the case was a reiteration of Valimaki-Erk (2012-UNAT-304), in which UNAT awarded moral damages, and that there was no reason to depart from that precedent. UNAT dismissed the appeals and affirmed both UNDT judgments.
The Applicant contested the requirement that he apply for citizenship or renounce his permanent residency status as a condition for becoming a staff member. In judgment No. UNDT/2012/104 on receivability, UNDT found the application receivable ratione temporis and ratione materiae. In judgment No. UNDT/2012/135 on the merits, UNDT found for the Applicant, awarding three months’ net base salary.
A written decision is necessary if the time limits are to be correctly and strictly calculated; where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis. Decisions taken at the Fifth Committee session are to be recorded in its report to the General Assembly for the guidance of the Secretary-General in giving effect to the policies thus approved through appropriate amendments to the Staff Rules.