Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s decision that the 60 days¡¯ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. Ä¢¹½ÊÓƵAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

Ä¢¹½ÊÓƵAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. Ä¢¹½ÊÓƵAT held that the decision of the Administration to limit the appointment to Ä¢¹½ÊÓƵMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. Ä¢¹½ÊÓƵAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. Ä¢¹½ÊÓƵAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed no error of law, fact, or...

As a first preliminary matter, Ä¢¹½ÊÓƵAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. Ä¢¹½ÊÓƵAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and Ä¢¹½ÊÓƵAT would not have asked her to disclose such information. Ä¢¹½ÊÓƵAT denied the motion. As a second preliminary matter, Ä¢¹½ÊÓƵAT considered a motion to respond to the Respondent¡¯s observations on a motion. Ä¢¹½ÊÓƵAT held that its RoP did...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s unsubstantiated allegations of bias and conflict of interest against the judge who signed the impugned judgment. Ä¢¹½ÊÓƵAT considered that: (1) the Appellant did not provide any evidence of his suitability for conversion to a continuing appointment; (2) his appeal was based solely on the impossibility of the retroactive extension of his fixed-term appointments; and (3) he had been made aware that his fixed-term appointment would be extended pending the appropriate assessment of his performance under the rebuttal process. Accordingly, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT was correct...

In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in Ä¢¹½ÊÓƵAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was...

The Ä¢¹½ÊÓƵDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.

The Tribunal finds that none of the applicable provisions prevented the renewal of fixed-term appointments for a period of less than a year. It further finds that the alignment policy was properly issued and rejects the Applicant¡¯s allegations of improper motives and discrimination. Terminology: renewal/extension: The wording of staff rule 4.12 and 4.13 shows an undifferentiated use of the terms ¡°renewal¡± and ¡°extension¡±. Delegation of authority: A delegation of power should not be guessed at or presumed. Organizational measure: A policy which consists, for a Ä¢¹½ÊÓƵ Secretariat office away from...

The Tribunal therefore found that the Applicant failed to satisfy the overall test for a suspension of action with respect to that decision. With respect to the decision to require her to take a break in service prior to her placement on a temporary appointment, the Tribunal found that the three requirements of art. 2.2 of the Tribunal¡¯s Statute were satisfied. The Tribunal found that, for staff on fixed-term appointments who are being reappointed under temporary appointments following the expiration of their fixed-term appointments, there is no requirement, in law, to take a break in service...

The Ä¢¹½ÊÓƵDT found that the decision that the Applicant was not eligible for consideration for conversion to a permanent appointment was lawful.