爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that heads of departments/offices retain the authority to transfer staff members within their departments or offices to vacant posts at the same level. 爆料网AT held that the Appellant did not demonstrate that 爆料网DT erred in finding that his reassignment was not contingent on the signature of the Host Country Agreement or that the failure to create an L-5 position breached the Host Country Agreement. 爆料网AT held that the Appellant merely voiced his agreement with 爆料网DT’s conclusions and resubmitted the arguments made before 爆料网DT; he did not meet the burden of demonstrating how 爆料网DT erred in making the impugned findings. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to no longer reassign him laterally to a 爆料网ODC Office in Abu Dhabi. 爆料网DT rejected the Applicant’s assertions that he was prevented from taking up the post because a project document had not been finalised and that 爆料网ODC’s attempts violated the Host Country Agreement establishing the new Sub-Regional Office in Abu Dhabi, whereby the chief of office should be at the L-5 level. 爆料网DT also found that the Secretary-General did not breach ST/AI/2006/3 in relation to the withdrawal of the Applicant’s lateral reassignment. 爆料网AT dismissed the application in its entirety.
Legal Principle(s)
Before 爆料网AT, an appellant has to prove an error of law or fact and should not repeat arguments already considered and rejected by 爆料网DT or the first-instance tribunal.