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Suspension of selection process: In view of the broad discretionary authority of the Secretary- General in the organization of services, he may at any time before a candidate has been notified of his/her selection, suspend a selection process. However, he must have a legitimate ground to do so.30-day and 60-day candidates: Pursuant to ST/AI/2006/3, 30-day candidates must be considered before 60-day candidates.Cancellation of a vacancy announcement: The Administration has the obligation to put an end to a selection process vitiated by irregularities. However, it commits a fault for which it...

Categories of candidates: The staff selection system established in ST/AI/2006/3/Rev.1 was based on a rigid hierarchy of three categories of candidates in terms of priority consideration: 15, 30 and 60-day mark candidates. If a candidate belonged to a priority category he or she was excluded from the less priority ones. Internal, non-internal and external candidates: ST/AI/2006/3/Rev.1 distinguished between: (1) internal candidates, strictly defined in section 1; (2) non-internal candidates, comprising staff members who did not fall within this definition; and (3) external candidates, those...

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General¡¯s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...

Outcome: The application was rejected. The ±¬ÁÏÍøDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The ±¬ÁÏÍøDT therefore found that the decision not to renew the Applicant¡¯s temporary appointment was not unlawful.

The Applicant contended that the transfer decision was unlawful in that it was arbitrary and adopted and implemented in breach of mandatory procedures and that ±¬ÁÏÍøCTAD senior management acted in bad faith and with ulterior motives when doing so. The Respondent submitted that the ±¬ÁÏÍøCTAD senior management acted within its margin of discretion and on properly reasoned grounds based on the Applicant¡¯s skills and qualifications and the operational needs of ±¬ÁÏÍøCTAD both in New York and Geneva. The Tribunal found that the reasons provided to the Applicant for his transfer were not justified by the...

The Tribunal noted that the HM has broad discretionary power to exercise a preliminary evaluation of the released applicants in order to establish the shortlist of the most qualified candidates to be invited for further assessment, and that the Tribunal will not easily interfere with the Administration¡¯s broad discretion in these matters and substitute its judgment for that of the competent decision maker. It further noted that the work experience requirement as listed in the vacancy announcement (VA) was already described in broad terms, thus opening the door to large discretion as to what...

The Applicant does not contest a decision of the Secretary-General but a decision of ±¬ÁÏÍøJSPF, which he claims was communicated to him by the Chief of the Office of the ±¬ÁÏÍøJSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review ±¬ÁÏÍøJSPF decisions. ±¬ÁÏÍøJSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of ±¬ÁÏÍøJSPF benefits. The ±¬ÁÏÍøJSPF is also not one of the agencies, organizations or entities ¡°where a special agreement...

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move¡ªwithout going through a fullfledged competitive selection process¡ªis provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

Disclosure: The Respondent¡¯s disclosure obligation in proceedings concerning appointment and promotion is twofold. Firstly, the Respondent shall produce evidence to satisfy his own burden to minimally show that the staff member¡¯s candidature was given full and fair consideration. Secondly, the Respondent shall disclose any document in his possession that is relevant to the determination of the Applicant¡¯s case, as presented in his or her application. This duty of candour that falls on the Respondent is necessary to ensure that staff members have access to justice. When the Respondent fails to...

The Tribunal stressed that the Applicant, contrary to his assertion, was not awarded compensation for loss of earnings. He was awarded material damages for his loss of opportunity.; The Tribunal reviewed the paragraph sought to be interpreted and was of the view that the Judgment was comprehensible and clear. The expression ¡°net base salary¡± was found to be clear and unambiguous and to refer to gross salary minus staff assessment. It does; not include a post adjustment component. The Tribunal also clearly did not provide for the taking into consideration of a possible step increment in the...