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AAF appealed.

The UNAT agreed with the UNDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The UNAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member’s due process rights, namely his or her possibility of challenging the administrative decision before the UNDT. As the Secretary-General had...

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The UNAT was of the view that, as the UNDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The UNAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

At the outset, the Tribunal recalled that based on the evidence on record, the Applicant’s main claim to have the contested decision rescinded had been rendered moot by the Applicant’s retirement. Therefore, the matter that remained for adjudication concerned compensation for the financial and moral harm.

In the entirety of the circumstances, the Tribunal concluded that the impugned decision had an improper motive and improper purpose and was therefore, unlawful. The Tribunal further held that based on the aforesaid, it was satisfied that the reassignment decision had a negative impact on...

On the issue of illegality, the Tribunal found that the Applicant had been removed from his official functions, without case or proper justification, and had been forced to re-apply for his own previous functions. These decisions were taken without reference to any failings of the Applicant, misconduct, indication that he has not successfully performed his functions in the past, or indication that he would not be able to perform his functions in the future.

On the issue of damages, the Tribunal found that although the Applicant kept on holding a continuing appointment at the D-1 level, he...

The Tribunal was satisfied that as Head of Entity, the Head of Mission/Force Commander had delegated authority to reassign a staff member within UNIFIL under staff regulation 1.2(c). The Tribunal further found that maintaining a harmonious work environment and the prevention of prohibited conduct was a valid operational reason for reassignment. The application was dismissed.

None of the documents submitted by the REspondent had the official or authoritative character of a budgetary and/or financial record to demonstrate how the Applicant’s post was established and funded and—by a subsequent exclusion—also showed that the post had been abolished (see, similarly, the Dispute Tribunal’s non-appealed judgment in Quatrini UNDT/2020/043). Also, nowhere in any of the documentation is it implied that the mandate of UN Women’s office had changed in a way that would disallow the employment of a driver at 3 level of the General Service staff category (“G-3”). The Respondent...

Based on the facts as presented in the application, the Tribunal determined two issues; (i) whether the Applicant was forced to retire, and (ii) whether the decision not to renew her FTA beyond 30 June 2021 was lawful. On issue one, the Tribunal held that based on the separation notice given to the Applicant dated 18 May 2021, read together with the Applicant’s letter of appointment and the evidence produced by the MONUSCO Chief of Human Resources during the hearing, there is no doubt that hers was a case of non-renewal of appointment. The Tribunal, thus, held that the Applicant was not forced...

The Tribunal observed that it was not disputed that the impugned decision related to facts anterior to the Applicant’s appointment. Also not in dispute was the fact that no disciplinary process was initiated, and no disciplinary measure was taken against the Applicant. It followed that the impugned decision was not a disciplinary measure but was an administrative decision affecting the Applicant’s contract or terms of appointment under staff rule 11.2(a). Accordingly, the Applicant should have sought management evaluation before filing the application, which he did not do. The Tribunal further...

The Tribunal held that based on the available evidence, the Administration had demonstrated that all reasonable efforts were made to consider the Applicant for available suitable posts in keeping with staff rules 9.6(e) and 13.1(d). Good faith efforts to place him in a suitable alternative post were made by the Organization and the Applicant did not find a suitable position before his separation. Accordingly, the application was dismissed.

UNAT agreed with UNRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, UNAT held that, contrary to UNRWA DT’s finding, the Administration has the discretion to deny a request to extend a staff member’s service beyond retirement only in exceptional cases and on account of the interests of UNRWA, which must be reflected clearly and precisely in the reasoning for the decision. UNAT held...