UNDT/2013/160

UNDT/2013/160, Nwuke

UNAT Held or UNDT Pronouncements

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact that the Administration failed to give adequate reasons, exceptional or otherwise.

Decision Contested or Judgment/Order Appealed

The Applicant challenged a decision by the Executive Secretary (ES) of ECA to fill the post of Director, Office of Strategic Planning and Programme Management (D/OPM) by way of a lateral transfer without advertising it. The Applicant alleged that this decision was one of a series of retaliatory actions taken against him by the ES that began in 2009 when he made an allegation of prohibited conduct against him.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant did not seek any monetary compensation nor did he claim any specific harm or damage so there was no order for compensation.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Nwuke

Entity

Case Number(s)

Tribunal

Registry :