2014-UNAT-450

2014-UNAT-450, Bali

UNAT Held or UNDT Pronouncements

UNAT considered the Secretary-General’s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. UNAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. UNAT also noted that Mr Bali was encouraged by the Office of Human Resources Management’s (OHRM) advocacy and information management branch to actively apply for other positions advertised on OHRM’s job portal. UNAT held that the Secretary-General applied the specific Regulations and Rules in a fair, transparent and non-discriminatory manner. UNAT upheld the appeal and vacated the UNDT judgment.

Accountability referral: UNAT vacated the UNDT referral for possible action to enforce accountability.

Decision Contested or Judgment Appealed

Mr Bali contested the decision to terminate his appointment. UNDT found that the termination decision was taken without the requisite delegated authority. UNDT ordered rescission of the decision to separate Mr Bali from service and his reinstatement, or in the alternative, two years’ net base salary. UNDT further awarded Mr Bali one year’s net base salary for substantive irregularity and four months’ net base salary for procedural irregularity. UNDT also referred two staff members to the Secretary-General for accountability for alleged improprieties in the course of the comparative review.

Legal Principle(s)

An international organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. The Secretary-General has broad discretion in matters of staff selection and, in reviewing such decisions, it is the role of UNDT or UNAT to assess whether the applicable Regulations and Rules have been applied and whether they have been applied in a fair, transparent and non-discriminatory manner. The Tribunals’ role is not to substitute their decision for that of the Administration.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Bali

Entity

UNMIS

Case Number(s)

2013-519

Tribunal

UNAT

Registry Location :

New York