����AV

The first issue UNAT considered was whether UNDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and UNAT found that UNDT did not err in this regard. UNAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the UN Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in which the UNJSPF staff serve. ” UNAT also found that UNDT correctly applied ST/AI/2010/3 in holding that the UN Charter and the Universal Declaration of Human Rights do not prevent the Administration from attaching minimum requirements for education and work experience to posts as this would conflict with the Charter’s paramount goal of having an efficient and competent workforce and would lead to dangerous situations in which unskilled and inexperienced individuals could fill posts for which they do not have the proper expertise. Secondly, UNAT considered whether UNDT erred in finding that the Appellant did not seek an exception to Section 6.1 and held that UNDT did not err in this regard. UNAT noted that the request was not made in a timely fashion and that the Appellant did not otherwise meet the eligibility requirements for the post. UNAT further noted that Staff Rule 12.3(b) allows for an exception to the Staff Rules only when it is “not prejudicial to the interests of any other staff member or group of staff members. ” UNAT held that the interests of other staff members applying for the post would have been prejudiced if an exception had been made for the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.