Ģ��ƵDT/2022/120

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The application is partly non-receivable and, is rejected on the merits. The Applicant��s objection to General Assembly��s decision to restructure the D-1 level position and to submit the selection of the Secretary of the Board to a competitive process by the Succession Planning Committee is not reviewable by the Tribunal. The Tribunal found that the Applicant was afforded full and fair consideration and the non-selection decision was lawful. The Tribunal found that the USG/DMSPC lawfully assigned the Applicant to a suitable position in the Secretariat in order to retain his employment at the D-1 level position.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member in the Department of Management, Strategy, Policy and Compliance (��DMSPC��), appealed (a) the rejection of his candidature for the post of Secretary of the Board of the United Nations Joint Staff Fund (��the Pension Fund��), and (b) his subsequent reassignment to a temporary post in DMSPC.

Legal Principle(s)

Decisions of the General Assembly do not constitute reviewable administrative decisions. The Appeals Tribunal has held that ��[t]he General Assembly is the ultimate decision-making organ in the Organization and its decisions are not subject to challenge in the internal justice system�� (see Kagizi 2017-Ģ��ƵAT-750).

Outcome

Appeal dismissed on merits

Outcome Extra Text

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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

Blythe

Entity

Case Number(s)

Ģ��ƵDT/NY/2020/47

Tribunal

Ģ��ƵDT

Registry

New York

Date of Judgement

8 Nov 2022