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UNAT held that UNDT did have a legal basis to define the administrative procedure and decisions subject to review. UNAT held that UNDT had not erred in considering that the Applicant was contesting not only the decision not to submit her classification appeal to the Classification Appeals Committee but also the final non-classification of her post to the P-4 level. UNAT held that UNDT did not err in assessing the chances of the post being classified at the P-4 level or higher as requested by the Appellant. UNAT held that UNDT had correctly concluded that the staff member was unlawfully...

UNAT held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. UNAT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT affirmed UNDT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT held that UNDT committed an error of law. UNAT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. UNAT noted that the minutes upon which UNDT based its finding were unsigned, undated, and not shared with the Appellant at the time. UNAT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

Mr. Hammond’s appeal is defective, as it does not address the issue of receivability or the UNDT’s finding that his application contesting his 2016-2017 performance appraisal was not receivable. Mr. Hammond’s application was not receivable as the reclassification decision was taken by the General Assembly. It is not erroneous to call the reclassification of Mr. Hammond’s P-4 post to an FS-6 post a “conversion” or an “abolishment” because, in effect, this classification resulted in Mr. Hammond’s P-4 being abolished and replaced by, or converted into, an FS-6 post.

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. UNAT disagreed and found that staff members should be “retained” in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years’ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, UNAT found because...