UNDT/2022/052 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2022/052, Mwizerwa

UNAT Held or UNDT Pronouncements

The Applicant’s roster membership did not give her a right to appointment to FS-5 positions and did not give her a right to be placed against available positions on a priority and non-competitive basis. The Organization has no obligation to assist a staff member affected by downsizing to obtain a non-competitive promotion. The Administration’s obligation is to make proper, reasonable, and good faith efforts to assist the Applicant in finding an alternative post at her level or at a lower grade but not at a higher level.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent's decision to terminate her continuing appointment without any attempt by the Administration to secure her alternative positions.

Legal Principle(s)

Roster membership does not necessarily mean that a staff member meets the requirements or possesses the specific qualifications for a particular job opening. A roster candidate must still be suitable for the specific position. The obligation under staff rule 9.6(f) is mutual, and while the Organization has an obligation to make reasonable and good faith efforts to assist the downsized staff member to find alternative positions, the staff member has an affirmative duty to apply for suitable alternative positions

Outcome

Dismissed on merits

Outcome Extra Text

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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

Mwizerwa

Entity

UNAMID

Case Number(s)

UNDT/NBI/2021/50

Tribunal

UNDT

Registry Location :

Nairobi