UNDT/2014/088, Conlon
The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. The Tribunal was of the view that it behoves the Applicant to submit to a classification review of her post in accordance with the relevant Staff Regulations and Rules. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal consequences arising from the renumbering exercise and adversely affecting her. Due process - The Tribunal is of the view that it behoves the Applicant to submit to a classification review of her post in accordance with the relevant Staff Regulations and Rules. This Application is premature, speculative and appears to confuse a renumbering exercise with a classification exercise.
The Applicant is one of several staff members of the UNEP/SCBD who challenged the decision the Secretary-General’s decision to renumber posts at the Montreal duty station pursuant to an ICSC decision.
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