¹ú²úAV

The UNDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months’ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member’s terms of employment any policy or recommendation from a Committee...

Decision affecting the applicant’s rights: Since staff members have the right to apply to other positions under the Staff Regulations and Rules, they are entitled to contest a non-selection decision and a fortiori a decision imposing an additional condition for appointment after having been selected. Such a decision does affect the staff member’s rights and is thus open to appeal.Lack of legal basis for the condition to renounce to permanent resident status: The General Assembly never endorsed the recommendations to approve the establishment of the condition that staff members must relinquish...