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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err when it relied on ST/AI/20100/4/Rev.1 (Administration of Temporary Appointments) in finding that the staff member¡¯s performance evaluation was made in accordance with the procedural requirements in that Administrative Instruction. ST/AI/2021/4 (Performance Management and Development System) does not apply to Mr. Fagasinski¡¯s performance evaluation, because the aforementioned Instruction explicitly states that it does not apply to temporary appointments.

The Ä¢¹½ÊÓƵAT found that the purpose of the performance evaluation was not to reexamine whether Mr...

The Ä¢¹½ÊÓƵAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the Ä¢¹½ÊÓƵAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

General verbal statements, which the Applicant asserts were made by his Fist Reporting Officer during team meetings, cannot constitute an express promise to renew his TA. More importantly, such verbal statements lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. Furthermore, the Tribunal found that no official commitment was made to the Applicant in writing to substantiate an expectation of renewal of his TA.

The Tribunal found that performance management procedures governed by ST/AI/2010/5 and...

Mr. Ronved appealed.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the Ä¢¹½ÊÓƵDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the Ä¢¹½ÊÓƵDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...

The Tribunal found that the contested decision was lawful on the basis that the selected candidate had more experience than the Applicant and was therefore appropriately ranked the strongest candidate. Based on the documented record and the recommendation of the Hiring Manager, the Executive Director of Ä¢¹½ÊÓƵ-Habitat lawfully selected the candidate best suited for the functions of the position, taking into account the Organization¡¯s gender targets. The Tribunal was satisfied that the Administration had shown that the applicable procedure was followed and that the Applicant¡¯s candidacy was...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request. The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening. The...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ms. Caucci¡¯s situation differed from the Ä¢¹½ÊÓƵDT Judgment in Tran Nguyen (Ä¢¹½ÊÓƵDT/2015/002) and therefore it was erroneous for the Ä¢¹½ÊÓƵDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. Ä¢¹½ÊÓƵAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

As a preliminary issue, Ä¢¹½ÊÓƵAT held that the new evidence attached to the cross-appeal by the Respondent (the Appellant on Cross-Appeal and the Applicant before Ä¢¹½ÊÓƵDT) was not admissible. On the receivability of the cross-appeal, Ä¢¹½ÊÓƵAT held that it was not receivable since the Respondent was the prevailing party at the first instance level and he does not claim to broaden the order of Ä¢¹½ÊÓƵDT, but just to maintain it by means of an additional argument that has already been rejected by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in its judgment, although Ä¢¹½ÊÓƵAT differed in its reasoning. Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. Ä¢¹½ÊÓƵAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

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.