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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the allegation that Ä¢¹½ÊÓƵDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal and the staff members¡¯ cross-appeal. Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, Ä¢¹½ÊÓƵAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. Ä¢¹½ÊÓƵAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law or fact in dismissing the application. Ä¢¹½ÊÓƵAT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by Ä¢¹½ÊÓƵRWA in tranche 2 list. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. Ä¢¹½ÊÓƵAT held that the Appellant had...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT contradicted Ä¢¹½ÊÓƵAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion for leave to file additional pleadings on the basis that he had not demonstrated any exceptional circumstances. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for costs as there was no reason to believe that the submissions of the Secretary-General were not made in good faith or were an abuse of process. Ä¢¹½ÊÓƵAT held that the Appellant did not have a right to promotion but only a right to be considered for promotion. Ä¢¹½ÊÓƵAT held that the Appellant received full and fair consideration for the position. Ä¢¹½ÊÓƵAT also affirmed Ä¢¹½ÊÓƵDT¡¯s application of the priority consideration...

Ä¢¹½ÊÓƵAT held that the Appellant was not a staff member, as he was not supported by the Secretary-General in terms of Staff Regulation 4. 1 and was not subject to the Secretary-General¡¯s authority, but rather he was elected by the General Assembly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in dismissing the application as not receivable ratione personae. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT¡¯s jurisdiction ratione personae is broader than Ä¢¹½ÊÓƵDT¡¯s jurisdiction, in that it may be invoked by ¡°officials¡±, which includes judges. Noting that the current...

Ä¢¹½ÊÓƵAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, Ä¢¹½ÊÓƵAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵDT exceeded its jurisdiction and erred in law in reviewing the legality of Staff Rule 4.7(a). As Staff Rule 4.7(a) was approved by the General Assembly, the Tribunals had no authority to examine whether or not it is in accord with the Ä¢¹½ÊÓƵ Charter or any other higher norms. Nonetheless, Ä¢¹½ÊÓƵAT held that Staff Rule 4.7(a) only forbids the Secretary-General ¡°to grant an appointment¡± to a person who has a close family relationship but does not provide a legal basis to revoke a staff member¡¯s appointment. Accordingly, Ä¢¹½ÊÓƵAT concluded that the termination of the retired staff member¡¯s 2016 WAE...