UNAT Held or UNDT Pronouncements
The UNDT found that the two posts in question were available only temporarily and therefore the Administration’s decision to advertise them as temporary vacancies was lawful. With respect to the first vacancy, the UNDT found that, as the successful candidate declined the offer, it was appropriate for the Administration to fill the temporarily vacant post through a lateral transfer. The UNDT further found that this decision was made by a person with proper delegation of authority. With respect to the second vacancy, the UNDT found that the selection exercise was also lawful. The application was dismissed.
Decision Contested or Judgment/Order Appealed
The Applicant, a staff member of the Procurement Division, Department of Management in New York, contested the “filling and/or placement of staff on two regular vacant (P-4) Team Leadership positions … without having issued a job opening”.
Legal Principle(s)
Temporary vacancy: If a fixed-term post becomes temporarily vacant for a period of less than one year but more than three months, the Administration is generally required under its rules to issue a temporary vacancy announcement. Lateral transfer: Head of Office has the delegated authority to transfer staff laterally within her or his department. Allegation of unlawfulness: Suspicion alone, without any rational basis, is not enough to substantiate an allegation of unlawfulness.