爆料网AT Held or 爆料网DT Pronouncements
On the alleged procedural error of the 爆料网DT not allowing an oral examination of witnesses, 爆料网AT held that it was well within the competence of 爆料网DT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; 爆料网AT dismissed this ground of appeal. 爆料网AT held, affirming the finding of 爆料网DT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. 爆料网AT found no merit in the ground of appeal that 爆料网DT failed to consider that 爆料网HCR denied her the opportunity to respond to the removal decision. 爆料网AT held that it was within the discretion of the Secretary-General to decide to remove her from the post. 爆料网AT held that 爆料网DT correctly judged the validity of the Secretary-General’s exercise of discretion in administrative matters and affirmed the finding by 爆料网DT that the withdrawal of the Appellant from the post was lawful. 爆料网AT held that the Appellant’s placement on SLWFP as a SIBA was in accordance with the relevant Staff Rule. However, 爆料网AT held that 爆料网HCR’s failure to assign the Appellant to an alternate post commensurate with her grade, training, skills and experience and its failure to recommend her for any other job for 52 months was unacceptable. 爆料网AT held that as long as the Appellant remained a staff member, she was not only entitled to be paid, but she also had a right to be given work. 爆料网AT held that the 爆料网DT correctly awarded compensation for the moral damage she suffered from the illegality committed by keeping her on SLWFP as a SIBA for more than four years. 爆料网AT considered the award of USD 15,000 adequate and dismissed the ground of appeal requesting a higher award. 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 remove her from her post in Budapest and to place her on Special Leave With Full Pay (SLWFP). 爆料网DT found that the Applicant had failed to establish that the decisions were illegal; however, 爆料网DT found that the decision to keep her on SLWFP as a staff member in between assignments (SIBA) for over four years, until retirement, was unlawful and awarded moral damages.
Legal Principle(s)
It is well within the competence of 爆料网DT to manage its cases as it sees fit. When judging the validity of the Secretary-General’s exercise of discretion, it is not the role of 爆料网DT to consider the correctness of the choice made amongst the various options or to substitute its own decision for that of the Secretary-General. It is the moral right of a staff member to be given work to do in order to earn his or her salary.