UNDT/2021/014

UNDT/2021/014, Galati

UNAT Held or UNDT Pronouncements

The Administration held sufficient consultations with staff on the restructuring of WMO Secretariat by: announcing the restructuring sufficiently in advance, holding meetings with staff representatives and setting up a consultation mechanism to hear staff concerns. The Administration had the Applicant, a permanent appointment holder whose post was abolished, undergo a pre-screening interview for a vacant post along with all the other pre-selected candidates. In so doing, the Administration failed to afford the Applicant priority non-competitive consideration. The Tribunal ordered the rescission of the unlawful decision to separate the Applicant or in lieu compensation payment of 2 years net-based salary. The Tribunal awarded USD3,000 as compensation for harm.

Decision Contested or Judgment Appealed

The Applicant appeals the Administration’s failure to make good efforts to absorb him on to a new position after abolishing his post.

Legal Principle(s)

The Administration has a duty to consider a permanent appointment holder on a priority, non-competitive basis to place him/her on a vacant post.

Outcome

Judgment entered for Applicant in full or in part

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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

Galati

Entity

WMO

Case Number(s)

UNDT/GVA/2020/042

Tribunal

UNDT

Registry Location :

Geneva