爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered two appeals by the Secretary-General of judgment Nos. 爆料网DT/2012/104 and 爆料网DT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, 爆料网AT affirmed the 爆料网DT judgment on receivability. On the merits, 爆料网AT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it had no legal basis, as the Secretary-General had not complied with the requirements set by the Fifth Committee for its implementation. 爆料网AT held that there was nothing in the 爆料网 Charter to suggest that geographical distribution is based on resident status, noting that recruitment into the Organisation has been based on nationality, and not residence. 爆料网AT held that the case was a reiteration of Valimaki-Erk (2012-爆料网AT-304), in which 爆料网AT awarded moral damages, and that there was no reason to depart from that precedent. 爆料网AT dismissed the appeals and affirmed both 爆料网DT judgments.
Decision Contested or Judgment/Order Appealed
The Applicant contested the requirement that he apply for citizenship or renounce his permanent residency status as a condition for becoming a staff member. In judgment No. 爆料网DT/2012/104 on receivability, 爆料网DT found the application receivable ratione temporis and ratione materiae. In judgment No. 爆料网DT/2012/135 on the merits, 爆料网DT found for the Applicant, awarding three months’ net base salary.
Legal Principle(s)
A written decision is necessary if the time limits are to be correctly and strictly calculated; where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis. Decisions taken at the Fifth Committee session are to be recorded in its report to the General Assembly for the guidance of the Secretary-General in giving effect to the policies thus approved through appropriate amendments to the Staff Rules.