Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
Rule 9.6(e)
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The Tribunal ruled that the assertion that the Applicant was entitled to automatic appointment since he had a continuous appointment and was on the roster for Senior Transport Officer, P-5 was without basis. The Tribunal agreed with the Respondent that the obligation under staff rule 9.6(e) is only triggered where there has been a decision to terminate a staff member’s appointment due to the abolition of a post or the reduction of staff. The Tribunal found that the provisions of staff rule 9.6(e) were not applicable to the circumstances of this case and could therefore not be complied with...
Abolition of post
Termination
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Termination (of appointment)
The Applicant did not advance any exception to the rule that General Assembly resolutions may not be amenable to judicial review by the Tribunal. Those exceptions arise where the Secretary-General is mandated to interpret an ambiguous regulatory decision, to comply with procedures or where the implementation of the resolution involves application of a criteria. In the instant case, the Secretary-General’s role in implementation of the resolution to abolish the P-4 Engineering position was mechanical and was not reviewable . In that regard, the Respondent was correct that that limb of the...
Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...