2015-Ģ��ƵAT-592

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT accepted the Secretary-General��s position that Ģ��ƵMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the Ģ��ƵMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. Ģ��ƵAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. Ģ��ƵAT held that the change in the composition of the Comparative Review Panel was triggered by the National Staff Association��s voluntary decision not to participate in any further meetings or consultations of the ad hoc bodies. Ģ��ƵAT held that the lack of consultation could not be attributed to the Administration or form a basis for awarding compensation. Ģ��ƵAT granted the appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the decision to abolish their posts. Ģ��ƵDT found that the Administration had failed to consult properly with staff or staff representative bodies. Ģ��ƵDT ordered rescission of the decisions not to renew the Applicants�� appointments, alternative payment in lieu, and moral damages.

Legal Principle(s)

An international organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts, and the redeployment of staff.

Outcome

Appeal granted

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Applicants/Appellants

Matadi et al

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement