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The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant’s role, duties and responsibilities remained unaffected.

The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.

As to the...

The Tribunal DECIDES to dismiss the application in its entirety.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration’s discretionary authority.  The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

The UNAT held that the staff member had had ample opportunity to comment on her lateral transfer. The UNAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The UNAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The UNAT found...

The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.

The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...

The UNAT considered an appeal by the staff member.

The UNAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The UNAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The UNAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The UNAT found that the UNDT had made an error of fact...

As a preliminary matter, the UNAT held that the fact that the UNDT might have repeated some or most of the Respondent’s arguments and language in its judgment would not be sufficient to undermine the UNDT’s considerations or determinations.

Regarding the scope of the appeal, the UNAT held that since the remedy claimed in the appeal does not aim for the rescission of the reassignment, but the placement into a P-5 or D-1 post commensurate with the Appellant’s skills, training, qualifications, and experience for which she has applied and which was not the subject of her initial application, the...

UNAT considered an appeal by Ms. Banaj against Judgment No. UNDT/2021/030.

UNAT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj’s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) […] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...

Ms. Mkhabela appealed.

As regards receivability ratione temporis, the UNAT held that the RC could not be seen as having lawfully extended the time limits to file a management evaluation request.  Apart from the fact that there is no evidence of such a promise, the truth is that the RC did not have such authority, which is only bestowed upon the Secretary-General, as prescribed by Staff Rule 11.2(c).  Likewise, Ms. Mkhabela’s claim that she was not apprised of the reasons or decision to deviate from the Transition Plan is without merit, as she is not entitled to be made aware of reasons behind...

The Respondent shall pay to the Applicant damages equivalent to three months’ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.