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UNDT exceeded its jurisdiction and erred in law in reviewing the legality of Staff Rule 4.7(a). As Staff Rule 4.7(a) was approved by the General Assembly, the Tribunals had no authority to examine whether or not it is in accord with the UN Charter or any other higher norms. Nonetheless, UNAT held that Staff Rule 4.7(a) only forbids the Secretary-General “to grant an appointment” to a person who has a close family relationship but does not provide a legal basis to revoke a staff member’s appointment. Accordingly, UNAT concluded that the termination of the retired staff member’s 2016 WAE...

He claims that all other retirees who had been employed were granted the maximum of 125 working days under ST/AI/2003/8/Amend.2, while he was granted only 106 working days in 2013. The Chief, CTS, allegedly favored those retirees who invited him/made him gifts, while the Applicant was discriminated and retaliated, since he had reported the unethical behavior by the Chief, CTS. The Tribunal found that retirees have no “right” to be employed for a maximum of 125 working under the terms of ST/AI/2003/8/Amend.2. The Applicant failed to provide evidence that the decision was motivated by extraneous...

Receivability: The part of the application regarding the decision identified under “g) the possibility of providing a negative reference about [the Applicant] to OLA where [she has] been interviewed and considered for a shortterm position of six months” is to be rejected as not receivable since a request for management evaluation was not filed timely. Merits: The contested decision: The Applicant’s fixed-term contract was terminated following the abolishment of her post due to a lack of funds and therefore subject to availability of suitable posts, the Applicant had the right (“shall”) to be...

Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...