爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at 爆料网ODC. 爆料网AT agreed with 爆料网DT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. 爆料网AT affirmed 爆料网DT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and unfairness compared to other staff members. 爆料网DT held that there was no error in 爆料网DT’s conclusion that it was open to the Administration to extend the appointment of Appellant for less than one year. 爆料网AT held that the Appellant’s complaint regarding 爆料网DT’s rejection of his request to grant access to the Organisation’s premises in Vienna for the public to attend the Geneva hearing via video-link was unreasonable in the light of the provisions of the 爆料网DT RoP. Regarding the Appellant’s submission that 爆料网DT erred by declining to hear three witnesses proposed by him, 爆料网AT held that 爆料网DT had the discretion to decide whether the presence of witnesses was required. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to renew his appointment for only 11 months. 爆料网DT rejected the application. 爆料网DT found that, in accordance with the legal framework, there was no minimum duration for the renewal of a fixed-term appointment. 爆料网DT found that, under ST/SGB/1997/5 and ST/SGB/2004/6, the Director of the 爆料网ODC Division for Management did have authority to decide and adopt the alignment policy, for the purpose of “managing the human resources of the United Nations Secretariat entities in Vienna”; and could do so by way of “Messages of the day”. 爆料网DT rejected the Appellant’s submission that there was legal uncertainty because the decisions reflected in the “Messages of the Day” were taken based on the former Staff Rules which were abolished effective 1 July 2009. 爆料网DT also found that the alignment policy adopted by 爆料网ODC was properly and fairly implemented with respect to the Appellant. 爆料网DT rejected the Appellant’s allegation of unequal treatment. 爆料网DT found that the Secretary-General provided sufficient reasons to explain the differences in contractual situations and the Appellant failed to show that the application of the alignment policy to his case was unfair or tainted by improper motives. The Applicant appealed.
Legal Principle(s)
The burden of proving allegations that the contested administrative decision was tainted by improper motives, discrimination, arbitrariness, retaliation, etc. , lies with the staff member contesting the decision. 爆料网AT defers to the determination of facts before 爆料网DT and would only interfere if it is satisfied that 爆料网DT considered irrelevant matters or ignored relevant matters placed before it by the parties.