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±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. ±¬ÁÏÍøAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. ±¬ÁÏÍøAT held that Mr Hajdari never challenged his separation from service from ±¬ÁÏÍøMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. ±¬ÁÏÍøAT held that Mr Hajdari¡¯s...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. On the question of whether ±¬ÁÏÍøDT erred in finding that the five years¡¯ experience requirement was arbitrary and not based on any proper consideration, ±¬ÁÏÍøAT held that, absent any proper legal or factual basis upon which to impugn the five years¡¯ experience requirement, ±¬ÁÏÍøDT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, ±¬ÁÏÍøDT erred in law resulting in a manifestly unreasonable decision. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in law in deeming the...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, ±¬ÁÏÍøAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are ¡°clearly¡± superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, ±¬ÁÏÍøAT held that the Appellant failed to establish that ±¬ÁÏÍøDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. ±¬ÁÏÍøAT held that his requests for relief were denied, noting that where an irregularity has no...

±¬ÁÏÍøAT upheld the Secretary-General¡¯s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant¡¯s candidature full and fair consideration. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT properly applied the standard of judicial review to determine whether the Hiring Manager¡¯s decision that the Appellant was not among the most qualified for the post was reasonable. ±¬ÁÏÍøAT held there was no reason to reverse the findings of ±¬ÁÏÍøDT. ±¬ÁÏÍøAT noted that the Appellant merely repeated the arguments he made before ±¬ÁÏÍøDT and expressed his disagreement with the findings of the Hiring Manager. ±¬ÁÏÍøAT held that...

±¬ÁÏÍøAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. ±¬ÁÏÍøAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. ±¬ÁÏÍøAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. ±¬ÁÏÍøAT further held...

±¬ÁÏÍøAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. ±¬ÁÏÍøAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. ±¬ÁÏÍøAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. ±¬ÁÏÍøAT further held that the Appellant had failed in his grounds of appeal...

±¬ÁÏÍøAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the ±¬ÁÏÍøSPC once they met the prerequisites for election, which they did. ±¬ÁÏÍøAT held that both staff members were duly elected members of the ±¬ÁÏÍøSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. ±¬ÁÏÍøAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...

±¬ÁÏÍøAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. ±¬ÁÏÍøAT held that the decision of the Administration to limit the appointment to ±¬ÁÏÍøMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, ±¬ÁÏÍøAT vacated the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. ±¬ÁÏÍøAT found no reason to differ from the conclusion of ±¬ÁÏÍøRWA DT, that ±¬ÁÏÍøRWA could not have considered the Appellant as having the requisite international experience. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. ±¬ÁÏÍøAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. ±¬ÁÏÍøAT held that the...