Â鶹APP

N/A

Scope and standard of review Although the Applicant raised a number of arguments related to the non-renewal of his fixed-term appointment and seeks remedies consequent to this decision, the decision not to renew the Applicant¡¯s fixed-term appointment is not properly put before the Tribunal and does not fall within the ambit of the judicial review in the present case. In any event, the Applicant is time-barred from challenging his separation from service. He was separated from service on 28 July 2014 and he did not submit a request for management evaluation of that decision within the 60-day...

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the Â鶹APP: in its Resolution 258/III of December 3, 1948, the Â鶹APP General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the Â鶹APP with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the Â鶹APP and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

The best interests of UNHCR were clearly not served by the removal of the Applicant. It is unfortUNATe that some members of the UNHCR senior management sought to hide behind the veil of acting in the Organization¡¯s best interests to act in their own self-interest. The Tribunal therefore found on that score that the Respondent¡¯s explanation were a mere afterthought which was only spun to defend an action that was clearly lacking in due process and constituted an unfair and highhanded removal of the Applicant and abuse of official discretion. The Tribunal was not in any doubt that the removal of...

Temporary reassignment: The characteristic of a temporary reassignment is its limited duration. From the outset, it is clear that it has an expiration date and that, unless renewed by a subsequent discretionary decision, it will come to an end naturally on the date specified for this purpose. The natural outcome of a temporary assignment is the staff member¡¯s return to his/her original duties. Accordingly, a staff member on temporary reassignment has no entitlement or legal expectancy to have such reassignment extended. The decision not to extend a temporary reassignment is within the...

The Applicant, as an ad litem judge of the ICTY, is considered to be a ¡°non-Secretariat Â鶹APP official¡±. It follows that the Applicant cannot be considered as a former Â鶹APP staff member within the meaning of art. 3.1 of the Dispute Tribunal¡¯s Statute. Whilst being fully cognizant of the Applicant¡¯s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal¡¯s Statute...

The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/UNAMID investigation reports issued in January 2013 and December 2013, even though the SIU/UNAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before...

The Administration decided to re-examine an earlier decision not to review the two job descriptions. The Applicant was notified that after multiple reviews it was decided that the two job descriptions would not be revised. The Applicant received notification of this final and unambiguous decision at a moment, which puts her request for management evaluation well within the deadline. The application is deemed receivable.

While staff regulation 1.2(c) provides that in exercising his authority to assign staff members to activities or offices of the Â鶹APP, the Secretary-General shall seek to ensure that ¡°all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them,¡± such arrangements are not, in all circumstances, merely limited to physical safety and security. Reassigning a staff member from a core P-5 post established by the General Assembly to a General Temporary Assistance (GTA)-funded P-5 post established by ESCWA did not satisfy the test of a...

It is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member¡¯s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...