UNDT/2011/142

UNDT/2011/142, Gehr

UNAT Held or UNDT Pronouncements

The Tribunal finds that the restructuring constituted a valid exercise of the Respondent’s discretionary authority, that the Applicant’s post was not abolished as he was in fact reassigned against the same budgeted post, and that his reassignment was lawful. Definition of a “post”: A “post” may be defined as the financial authorization given for a job to be performed, irrespective of the fact that it may be funded through budgetary or extra budgetary sources. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad discretion in the organization of work and the assignment of tasks to staff members. Such discretion is not unfettered but is subject to limited control by the Tribunal.

Decision Contested or Judgment Appealed

Following a restructuring of his branch in early 2010, the Applicant, a UNOV/UNODC staff member, was reassigned, at the same level, to the newly created position of Senior Legal Adviser. Before the Tribunal, he challenges the decisions to abolish his post and to reassign him to the position of Senior Legal Adviser.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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

Gehr

Entity

UNODC

Case Number(s)

UNDT/GVA/2010/082

Tribunal

UNDT

Registry Location :

Geneva