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Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The Applicant was notified of his non-selection on 7 December 2016. Yet, he requested management evaluation only on 11 April 2017.; Paragraph 119 of Ä¢¹½ÊÓƵHCR¡¯s Revised Policy and Procedures on Assignments (Ä¢¹½ÊÓƵHCR/HCP/2015/2/Rev.1) provides that: ¡°Staff members who have reasons to believe that they have not been given full and fair consideration for a particular decision, have; the right to be provided, upon request, with information on the process which led to that particular decision¡±. Its purpose is merely to establish a duty for the Administration to provide non-successful candidates, upon...

To be legally valid, a request for the withdrawal of an application must be formulated by the applicant and/or by his/her counsel and must consist of the unconditional expression of the applicant¡¯s free will to close his case before a judgment is issued. As the Applicant withdrew the matter in finality, there is no longer a matter for adjudication and therefore the case is closed.

The Administration, contrary to its own policies, took into account the Applicant¡¯s functional title only without considering his actual functions vis-¨¤-vis the other P-4 posts in the JAOC. By neglecting to look beyond the Applicant¡¯s functional title, the Administration unlawfully determined that the Applicant would be subject to a dry-cut. Significantly, the Applicant held a continuing appointment. Thus, applying the Ä¢¹½ÊÓƵMIL Guidelines to the present case, the Applicant should have been automatically retained since there were, at the time of this application, other P-4 staff members in his...

Binding force of Ä¢¹½ÊÓƵAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the ¡°Judgment¡± section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to the...

The Applicant indicated on page 4 of his application that he received the response to his management evaluation request on 21 June 2018. Thus, to be in compliance with art. 8.1(d)(i)(a) of the Ä¢¹½ÊÓƵDT Statute, the Applicant should have filed his application to the Ä¢¹½ÊÓƵDT by 19 September 2018 but he did not do so until 6 October 2018, more than two weeks after the statutory deadline, to file his application. The Tribunal held that the application was time-barred due to the Applicant¡¯s failure to file his application within the established time limits. Although the Applicant made considerable effort...

At the relevant time, the Applicant was serving as Senior Coordination Officer for the Global Water Operators Partnerships Alliance (¡°GWOPA¡±), an alliance of partners promoting the Water Operators Partnership established by Ä¢¹½ÊÓƵ-Habitat. He was heading the GWOPA Secretariat and was sitting ex officio on the GWOPA Steering Committee as representative of the GWOPA Secretariat. The contested decisions were notified to the Applicant in two memoranda sent on the same day.; The Tribunal identified the following legal issues:; What was the nature of the contested decisions? Was the Applicant subjected...

The parties were at odds as to the procedure for establishing a medical board under art. 17 of Appendix D. The Applicant¡¯s case was that the ABCC failed to adhere to art. 17(b) of former Appendix D because it failed to establish a medical board to consider and report on the medical aspects of his claim. The Respondent submitted that the onus was on the Applicant to request the establishment of a medical board and to nominate a medical practitioner to represent him on the medical board. The Tribunal rejected the Respondent¡¯s submission that the Applicant was obliged to request a medical board...

Promulgation of MONUSCO Administrative Instruction No. 2013/15: The Tribunal observed that MONUSCO Administrative Instruction No. 2013/15 is of general application to the extent that it applies to all MONUSCO personnel but it was not expressly issued for the implementation of any specific rules or ST/SGBs. However, it does not meet the requirements of ST/SGB/2009/4. Accordingly, the Tribunal held that the lack of promulgation of the AI does not of itself render the impugned decision null and void. Withdrawal of the Applicant¡¯s driving privileges: The Tribunal found that MONUSCO Administrative...

While staff regulation 1.2(c) provides that in exercising his authority to assign staff members to activities or offices of the United Nations, the Secretary-General shall seek to ensure that ¡°all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them,¡± such arrangements are not, in all circumstances, merely limited to physical safety and security. Reassigning a staff member from a core P-5 post established by the General Assembly to a General Temporary Assistance (GTA)-funded P-5 post established by ESCWA did not satisfy the test of a...