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UNAT considered the appeals of both the Secretary-General and Mancussen et al. UNAT upheld UNDT’s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members’ requests for conversion to permanent appointments and noted that UNAT gave a clear directive to the Administration that, upon remand, it should consider the staff members’ suitability for conversion to permanent appointments “by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, UNAT held that UNDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. UNAT held that there was no merit in the Secretary-General’s submission that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of UNDT to adequately interpret and...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT vacated UNDT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, UNAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

UNAT held that UNDT was correct in concluding that the Administration’s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. UNAT noted that the phrase “suitable posts” is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

As a preliminary matter, UNAT declined the Appellants’ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants’ argument that UNAT had erred previously in establishing the criteria in permanent appointment conversion cases, UNAT noted that they were effectively requesting a revision of two previous UNAT judgments and held that they were time-barred from doing so. UNAT held that the criteria in permanent appointment conversion cases, as previously...

UNAT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. UNAT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...

UNAT considered an appeal by the Secretary-General. The Secretary-General raised the argument, inter alia, that Ms Lamb’s retroactive appointment was disrupted when she resigned and separated and, therefore, she had no contractual relationship with the Organisation obliging it to place her preferentially in vacant posts as someone holding a permanent appointment. UNAT held that UNDT concluded correctly that (1) Ms Lamb’s employment ended in mid-2013 by her own initiative and (2) there was nothing in the documentation relating to Ms Lamb’s resignation to support her assertion that it was...

UNAT considered the legality and rationality of the Administration’s conclusion that it was not in its interests to retain the Appellant because he did not possess the relevant language skills. UNAT held that it was necessary for the Administration to take into consideration the interests, needs, and operational realities of the Organisation when determining the suitability of staff members for a permanent appointment. UNAT held that there was undoubtedly a rational basis for the denial of a permanent appointment for the Appellant. UNAT noted that irrespective of whether the Appellant was...