2012-Ģ��ƵAT-226

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT 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. Ģ��ƵAT held that the Appellant did not demonstrate that Ģ��ƵDT 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. Ģ��ƵAT held that the Appellant merely voiced his agreement with Ģ��ƵDT��s conclusions and resubmitted the arguments made before Ģ��ƵDT; he did not meet the burden of demonstrating how Ģ��ƵDT erred in making the impugned findings. Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to no longer reassign him laterally to a Ģ��ƵODC Office in Abu Dhabi. Ģ��ƵDT rejected the Applicant��s assertions that he was prevented from taking up the post because a project document had not been finalised and that Ģ��ƵODC��s attempts violated the Host Country Agreement establishing the new Sub-Regional Office in Abu Dhabi, whereby the chief of office should be at the L-5 level. Ģ��ƵDT also found that the Secretary-General did not breach ST/AI/2006/3 in relation to the withdrawal of the Applicant��s lateral reassignment. Ģ��ƵAT dismissed the application in its entirety.

Legal Principle(s)

Before Ģ��ƵAT, an appellant has to prove an error of law or fact and should not repeat arguments already considered and rejected by Ģ��ƵDT or the first-instance tribunal.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

Al-Mulla

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement