Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
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 skills; and, whether he or she had substantial experience in the field. Ä¢¹½ÊÓƵAT found that the decision to change the Appellant¡¯s duty station was based on circumstances external to the Appellant and fell entirely within the Administration's remit. Ä¢¹½ÊÓƵAT held that the decision was not based on any improper motive and was not in breach of any mandatory procedures. Ä¢¹½ÊÓƵAT also found that the Appellant was only entitled to the DSA and hardship allowances applicable to Baghdad for the days that he actually spent there. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s judgment in its entirety.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to retroactively change his duty station in violation of his contract of employment. Ä¢¹½ÊÓƵDT found that the application was receivable. Ä¢¹½ÊÓƵDT found that the decision to relocate the Applicant was lawful. Ä¢¹½ÊÓƵDT held that the Applicant was only entitled to the DSA and/or hardship allowances for the days he actually spent in Baghdad.
Legal Principle(s)
Traditionally, the reassignment of staff members¡¯ functions comes within the broad discretion of the Organisation to use its resources and personnel as it deems appropriate. Staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or office of the United Nations. In exercising this authority, the Secretary-General shall seek to ensure, having regard to the circumstances, that all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them.