Â鶹APP

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...

The Tribunal rejects the Applicant¡¯s submission that the expert panel did not; have the authority to compile a list of recommended candidates to the Director of the department based on its assessment of all the candidates participating in the selection process.; There is no requirement in any of the regulations, rules or policies of the; Organization for all expert panel members to undergo training in competency-based interviewing.; The Tribunal concludes that the fact that one out of three members of the expert; panel who interviewed that Applicant had not received competency-based training...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of UNHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that UNHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of UNHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that UNHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of UNHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that UNHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of UNHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that UNHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of UNHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that UNHCR did...

Decision affecting the applicant¡¯s rights: Since staff members have the right to apply to other positions under the Staff Regulations and Rules, they are entitled to contest a non-selection decision and a fortiori a decision imposing an additional condition for appointment after having been selected. Such a decision does affect the staff member¡¯s rights and is thus open to appeal.Lack of legal basis for the condition to renounce to permanent resident status: The General Assembly never endorsed the recommendations to approve the establishment of the condition that staff members must relinquish...

Delegation of authority: Any withdrawal or limitation of the delegation of authority must be explicit. In the absence of a clear and formal revocation of the delegation by the delegating authority, the decision taken by the delegating authority is tainted by a substantial procedural flaw¡ªthat of the lack of competence of the decision-maker.Legal certainty and application of administrative issuances: ST/SGB/2009/10 does not provide for transitional measures in situations, such as the instant case, where an eligible staff member is assigned to a different department or office between the time...