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The first issue Ä¢¹½ÊÓƵAT considered was whether Ä¢¹½ÊÓƵDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the Ä¢¹½ÊÓƵ Joint Staff Pension Fund requires that ¡°[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in deciding that the non-renewal of the staff member¡¯s contract was unlawful. Ä¢¹½ÊÓƵAT held that the staff member was aware that a high school diploma was an essential qualification. Ä¢¹½ÊÓƵAT held that his contract was conditional upon him producing proof of this qualification. Ä¢¹½ÊÓƵAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. Ä¢¹½ÊÓƵAT agreed with the Secretary-General¡¯s submission that the decision not to renew was neither...

Ä¢¹½ÊÓƵAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was the body best placed to assess a candidate¡¯s chance of selection for placement on the roster. Ä¢¹½ÊÓƵAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin Ä¢¹½ÊÓƵDT¡¯s assessment that the staff member¡¯s chances were not in the realm of the speculative. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s cross...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Regarding the non-selection for the Programme Budget Officer post, Ä¢¹½ÊÓƵAT held that the Appellant had failed to produce sufficient evidence to prove the impropriety in the decision making. Ä¢¹½ÊÓƵAT held that the Appellant had also failed to put forward any specific evidence substantiating her claim of discrimination, bias, and retaliation to warrant a reversal of the Ä¢¹½ÊÓƵDT¡¯s findings. Regarding the cancellation of the Administrative Officer post, Ä¢¹½ÊÓƵAT held that the Administration had provided sufficient evidence to show that the cancellation of the post was based on Organisational and budgetary...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that no reasonable or objective analysis of Mr Luvai¡¯s submissions to management, prior to his application to Ä¢¹½ÊÓƵDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai¡¯s firearm licence, Ä¢¹½ÊÓƵDT exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-Ä¢¹½ÊÓƵAT-416. Ä¢¹½ÊÓƵAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. Ä¢¹½ÊÓƵAT held that it was not open to Ä¢¹½ÊÓƵDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidates was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. Ä¢¹½ÊÓƵAT held that the test for apparent bias applied by Ä¢¹½ÊÓƵDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

Ä¢¹½ÊÓƵAT held that it was disingenuous for Ä¢¹½ÊÓƵRWA to suggest that the Appellant¡¯s transfer application was considered in the same manner as the two candidates who were selected from the roster. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant¡¯s due process entitlements. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in relying on the authority of the Director of Ä¢¹½ÊÓƵRWA Affairs, Lebanon, to reject the Appellant¡¯s application for assignment. Ä¢¹½ÊÓƵAT did not uphold the contention that the Appellant had a legitimate...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Survo and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in the procedure, including in its findings regarding receivability. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in law in relation to the matters raised by Mr Survo. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred on a question of fact such as to render the decision of Ä¢¹½ÊÓƵDT manifestly unreasonable. On the Secretary-General¡¯s appeal of the Special Post Allowance (SPA) issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT had no primary legal or factual basis from which it could conclude that Mr Survo had properly sought management...