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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

Ä¢¹½ÊÓƵAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. Ä¢¹½ÊÓƵAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, Ä¢¹½ÊÓƵAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member¡¯s service with Ä¢¹½ÊÓƵRWA should have been counted as service with the Ä¢¹½ÊÓƵ and that he thus met the service criterion for eligibility. Ä¢¹½ÊÓƵAT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. Ä¢¹½ÊÓƵAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with Ä¢¹½ÊÓƵDP to take up an appointment with a different entity (Ä¢¹½ÊÓƵV), thereby causing a break in service. Ä¢¹½ÊÓƵAT held that this break in service should have led Ä¢¹½ÊÓƵDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. Ä¢¹½ÊÓƵAT further noted that Ms Carrabregu¡¯s service to Ä¢¹½ÊÓƵV could not be...

Ä¢¹½ÊÓƵAT acknowledged that while the Appellant was eligible for a permanent appointment, the Administration was entitled to have regard to the fact that she was recruited because she was a national of Romania for the specific post in Ä¢¹½ÊÓƵIC Bucharest. Ä¢¹½ÊÓƵAT noted that both the Department of Public Information and the Officer-in-Charge of Human Resources Services previously anticipated that Ä¢¹½ÊÓƵIC Bucharest, among others, was scheduled to close in the very near future, due to the uncertainty of the funding by the host country, on which the continuation of the Appellant¡¯s post depended. Ä¢¹½ÊÓƵAT noted that...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members¡¯ suitability for conversion. Ä¢¹½ÊÓƵAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had made a significant error of law in concluding that the impugned decision was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT addressed both appeals by the Secretary-General in judgment No. 2014-Ä¢¹½ÊÓƵAT-418. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member¡¯s appointment. Ä¢¹½ÊÓƵAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give Ä¢¹½ÊÓƵDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. Ä¢¹½ÊÓƵAT held that it was not within Ä¢¹½ÊÓƵDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. Ä¢¹½ÊÓƵAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. Ä¢¹½ÊÓƵAT held that Mr Hajdari never challenged his separation from service from Ä¢¹½ÊÓƵMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. Ä¢¹½ÊÓƵAT held that Mr Hajdari¡¯s...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further Ä¢¹½ÊÓƵAT found no merit in the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT improperly substituted its discretion for...