2014-Ģ��ƵAT-438

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT had erred in deciding that the non-renewal of the staff member��s contract was unlawful. Ģ��ƵAT held that the staff member was aware that a high school diploma was an essential qualification. Ģ��ƵAT held that his contract was conditional upon him producing proof of this qualification. Ģ��ƵAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. Ģ��ƵAT agreed with the Secretary-General��s submission that the decision not to renew was neither arbitrary nor tainted by improper motives. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his appointment because he had failed to demonstrate that he held a high school diploma. Ģ��ƵDT issued judgment No. Ģ��ƵDT/2013/067, finding that, since the Secretary-General established minimum academic qualifications for each vacancy at the outset of the recruitment process, the onus was on him to assess the qualifications he demanded, without resort to external entities. Ģ��ƵDT found that the Secretary-General had not exercised his discretion properly by relying on the government of Morocco to provide certification of equivalency and by not having guidelines in place to certify equivalency. Ģ��ƵDT further found that the Secretary-General erred in not renewing the Applicant��s appointment since he did not hold the academic qualifications required for the post when said qualifications might have been waived under Staff Rule 12.3(b) if the Applicant had been given the proper consideration. Ģ��ƵDT awarded compensation in the amount of six months�� net base salary.

Legal Principle(s)

When judging the validity of the Secretary-General��s exercise of discretion, it is not the role of Ģ��ƵDT to consider the correctness of the choice made by the Secretary-General amongst the various courses of action open to him. The Administration has the right to set minimum qualifications for a post.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Benchebbak

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