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With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is “the improper use of a position of influence, power or authority against another person”. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...

Receivability The application registered under Case No. UNDT/GVA/2015/182, insofar as it is directed against the decision to discontinue the post encumbered by the Applicant, is not receivable ratione materiae. In his application registered under Case No. UNDT/GVA/2016/039, the Applicant contests his separation from service effective 2 March 2016 and the non-renewal of his appointment, as a result of the abolition of his post. This is an administrative decision resulting from the restructuring and the abolition of the Applicant’s post. Merits Procedural regularity The noncompliance with a...

The context of the impugned decision was important because it was central to the Applicant’s case that the decision to exclude her from the comparative review exercise which led to her separation, was made in bad faith, and that it stemmed from the conflict surrounding the decision to transfer her from the CAS Office to the Supply Section. The Applicant’s case was that she was unlawfully excluded from the comparative review pool for Warehouse Assistants. The Applicant was transferred to the Supply Section despite her repeated protests and the explanation given was that the move was made to...

The complaint concerning the receivability of the decision not to grant the Applicant a continuing appointment was dismissed on two grounds. It was not receivable because the Applicant did not request management evaluation and secondly, because the Applicant was not in active service throughout the period of consideration as required by the provisions of section 2.6 of ST/AI/2012/3. The Tribunal found that the civilian staffing review conducted by the RSCE, resulting in the reduction of several posts, was conducted for a bona fide reason and its proposals were endorsed by the General Assembly...

As a staff member on an FTA, the Applicant had no right in law to have his contract renewed. The decision to abolish the post encumbered by the Applicant was taken for legitimate business needs in that it was within the discretion of the decision makers within OCHA to conclude that the functions being performed by the Applicant at the time were part of OCHA’s core mandate and that there was not the need to have a dedicated unit to carry them out. Having arrived at this decision and having regard to the need to streamline services and effect the required cost savings it was legitimate for OCHA...

The Dispute Tribunal found that the Applicant did not manage to lift her burden of proving that the non-renewal of her contract was not due to poor performance and found instead that the decision was lawful.