¹ú²úAV

UNAT considered appeals from both Mr Schoone and the Secretary-General. UNAT held that, for the reasons set forth in judgment Nos. 2013-UNAT-357 (Malmstrom et al. ), 2013-UNAT-358 (Longone) and 2013-UNAT-359 (Ademagic et al. ), the delegation of authority granted to the ICTY Registrar could not be construed so as to grant him the authority to convert staff members’ fixed-term appointments into permanent appointments. UNAT recalled that in those three cases it had held that the decision-making authority to grant permanent appointments was properly vested in the Assistant Secretary-General for Human Resources, but that she failed to exercise her discretion in a lawful manner, by adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual, full and fair consideration of their suitability for conversion to permanent appointment to which they were entitled and, as such, UNAT had concluded that the staff members were discriminated against and the impugned decisions were legally void, being tainted by arbitrariness and the violation of the staff member’s due process rights. UNAT held that the reasoning of those three cases applied, mutatis mutandis, to Mr Schoone’s case. UNAT held that Mr Schoone’s situation differed with respect to remedy because his resignation to take up function in another duty station effectively ended his right to consideration for permanent appointment. UNAT held that Mr Schoone was not entitled to compensation for non-pecuniary damages as he did not so request and he could not claim to have so suffered, given his voluntary departure from ICTY. UNAT held that Mr Schoone’s claims regarding his resignation and break in service were not properly before UNAT, having not been the subject of a timely request for management evaluation. UNAT upheld the Secretary-General’s appeal, rejected Mr Schoone’s appeal and vacated the UNDT judgment.