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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding of the unlawfulness of reassignment decision. Ä¢¹½ÊÓƵAT recalled that reassignment is proper if the new post is at the staff member¡¯s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member¡¯s competencies and skills; and if he or she has substantial professional experience in the field. Ä¢¹½ÊÓƵAT held that, in Ms Rees¡¯ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that the Appellant had accepted the conditions of the RLA, which stated that ¡°the loaned employee shall return to the releasing agency upon completion or termination of his assignment with Ä¢¹½ÊÓƵAMID and that no offer of continuing employment shall be made to him by Ä¢¹½ÊÓƵAMID without consulting the releasing agency¡±. Ä¢¹½ÊÓƵAT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. Ä¢¹½ÊÓƵAT noted that the Appellant did not formally initiate the transfer procedure and/or termination. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had...

Ä¢¹½ÊÓƵAT rejected Mr Gehr¡¯s contention that the restructuring, although a legitimate exercise of managerial discretion, had been carried out arbitrarily to marginalize him. In accordance with paragraph 2. 4 of ST/AI/2006/3, the Joint Inspection Unit (JIU), in its report, advised the Executive Director to conduct a functional review of all Ä¢¹½ÊÓƵODC divisions, sections and units, and align them to the reconfirmed prioritized framework for action of the Office, including by reorienting human and financial resources if necessary. The JIU further recommended that the Executive Director take measures to...

Ä¢¹½ÊÓƵAT noted that heads of departments/offices retain the authority to transfer staff members within their departments or offices to vacant posts at the same level. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that Ä¢¹½ÊÓƵDT erred in finding that his reassignment was not contingent on the signature of the Host Country Agreement or that the failure to create an L-5 position breached the Host Country Agreement. Ä¢¹½ÊÓƵAT held that the Appellant merely voiced his agreement with Ä¢¹½ÊÓƵDT¡¯s conclusions and resubmitted the arguments made before Ä¢¹½ÊÓƵDT; he did not meet the burden of demonstrating how Ä¢¹½ÊÓƵDT erred in...

Noting the broad discretion of Ä¢¹½ÊÓƵDT with respect to case management, Ä¢¹½ÊÓƵAT held that there was no merit in the contention that Ä¢¹½ÊÓƵDT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his ¡°evaluative past, including the issue of his performance appraisal¡±, Ä¢¹½ÊÓƵAT noted that these matters had been...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, Ä¢¹½ÊÓƵAT found no merit in the Appellant¡¯s arguments. Ä¢¹½ÊÓƵAT was not persuaded that the Appellant suffered prejudice by Ä¢¹½ÊÓƵRWA DT admitting the Commissioner-General¡¯s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

Ä¢¹½ÊÓƵAT considered the Commissioner-General¡¯s appeal, which alleged that Ä¢¹½ÊÓƵRWA DT erred in finding that the Ä¢¹½ÊÓƵRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. Ä¢¹½ÊÓƵAT found that it was both logical and reasonable to expect the Ä¢¹½ÊÓƵRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. Ä¢¹½ÊÓƵAT noted that, even though Mr Hamayel had...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. Ä¢¹½ÊÓƵAT held that ST/AI/2003/8 was inapplicable. Ä¢¹½ÊÓƵAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. Ä¢¹½ÊÓƵAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. Ä¢¹½ÊÓƵAT held that the impugned decision complied with the legal...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. Ä¢¹½ÊÓƵAT also found no fault with Ä¢¹½ÊÓƵDT¡¯s holding that the decision to relocate the Appellant was lawful. Ä¢¹½ÊÓƵAT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member¡¯s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member¡¯s competence and...