¹ú²úAV

UNDT/2022/052

UNDT/2022/052, Mwizerwa

UNAT Held or UNDT Pronouncements

The Applicant’s roster membership did not give her a right to appointment to FS-5 positions and did not give her a right to be placed against available positions on a priority and non-competitive basis. The Organization has no obligation to assist a staff member affected by downsizing to obtain a non-competitive promotion. The Administration’s obligation is to make proper, reasonable, and good faith efforts to assist the Applicant in finding an alternative post at her level or at a lower grade but not at  a higher level.

Decision Contested or Judgment/Order Appealed

The Applicant challenged  the Respondent's decision to terminate her continuing appointment without any attempt by the Administration to secure her alternative positions.

Legal Principle(s)

Roster membership does not necessarily mean that a staff member meets the requirements or possesses the specific qualifications for a particular job opening. A roster candidate must still be suitable for the specific position. The obligation under staff rule 9.6(f) is mutual, and while the Organization has an obligation to make reasonable and good faith efforts to assist the downsized staff member to find alternative positions, the staff member has an affirmative duty to apply for suitable alternative positions

Outcome
Dismissed on merits
Outcome Extra Text

 

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.

Applicants/Appellants
Mwizerwa
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type