UNDT/2012/135 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/135, Manco

UNAT Held or UNDT Pronouncements

The UNDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months’ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member’s terms of employment any policy or recommendation from a Committee. Terms of employment must reflect the content of the Staff Regulations and Staff Rules, and more generally the hierarchy of norms laid down in Villamoran.

Decision Contested or Judgment Appealed

The Applicant contested a policy which would have required him to either renounce his permanent residence status in New Zealand or apply for citizenship there, should he wish to take up a promotion with OIOS.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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

Manco

Entity

UNON

Case Number(s)

UNDT/NBI/2011/021

Tribunal

UNDT

Registry Location :

Nairobi