Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
The first issue Ä¢¹½ÊÓƵAT considered was whether Ä¢¹½ÊÓƵDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the Ä¢¹½ÊÓƵ Joint Staff Pension Fund requires that ¡°[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in which the Ä¢¹½ÊÓƵJSPF staff serve. ¡± Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵDT correctly applied ST/AI/2010/3 in holding that the Ä¢¹½ÊÓƵ Charter and the Universal Declaration of Human Rights do not prevent the Administration from attaching minimum requirements for education and work experience to posts as this would conflict with the Charter¡¯s paramount goal of having an efficient and competent workforce and would lead to dangerous situations in which unskilled and inexperienced individuals could fill posts for which they do not have the proper expertise. Secondly, Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in finding that the Appellant did not seek an exception to Section 6.1 and held that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the request was not made in a timely fashion and that the Appellant did not otherwise meet the eligibility requirements for the post. Ä¢¹½ÊÓƵAT further noted that Staff Rule 12.3(b) allows for an exception to the Staff Rules only when it is ¡°not prejudicial to the interests of any other staff member or group of staff members. ¡± Ä¢¹½ÊÓƵAT held that the interests of other staff members applying for the post would have been prejudiced if an exception had been made for the Appellant. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant challenged a decision denying him eligibility to be considered for the post. Ä¢¹½ÊÓƵDT found that the Applicant was not eligible for the relevant post and noted that he did not formally request an exception to Section 6. 1 of ST/AI/2010/3 in advance of applying for the post.
Legal Principle(s)
The General Service staff of the Ä¢¹½ÊÓƵJSPF Secretariat shall be appointed and promoted through the normal Ä¢¹½ÊÓƵ appointment and promotion procedures, according to the policies applicable at the duty stations in which the Ä¢¹½ÊÓƵJSPF staff serve.