2017-UNAT-755, Ramazani et al.
UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.
The Applicants contested the decisions not to renew their appointment on grounds of the abolition of their posts. UNDT held that: the Appellant’s challenges to the abolition of their posts were not receivable on the grounds that staff members lacked standing to challenge a decision taken by the General Assembly; the Appellant’s challenges to the non-renewal of their appointments were not receivable in so far as they were properly implemented in consequence of the General Assembly’s decision to abolish their posts; the contested administrative decision taken as a result of the decision of the General Assembly was lawful; the relevant Administrative Instruction was not contravened by the subsequent recruitment of the Appellant’s under Individual Contractor contracts; and no unequal treatment occurred in the implementation of the Mission’s restructuring.
An administrative decision taken as a result of the General Assembly decision is lawful and the Secretary-General cannot be held accountable for executing such a decision.