爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. 爆料网AT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. 爆料网AT held that 爆料网DT had made a significant error of law in concluding that the impugned decision was unlawful. 爆料网AT held that 爆料网DT had erred in law when it refused to apply the Guidelines, which the staff member had not challenged before 爆料网DT. 爆料网AT held that, in not applying the guidelines, 爆料网DT had interfered with the Administration’s exercise of its discretion under the Bulletin. 爆料网AT held that 爆料网DT had exceeded its competence by reconsidering the information in the staff member’s personnel record and making purported findings of the “facts” underlying her 2006 separation or break in service. 爆料网AT held that since the staff member’s rights had not been infringed, 爆料网DT had erred in law in awarding moral damages to her. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT Judgment: The Applicant contested the decision that she was ineligible for consideration to be converted to a permanent appointment because she did not have five years of continuous service as of June 2009, due to a break in service from 31 August to 9 September 2006. 爆料网DT issued Judgment No. 爆料网DT/2013/058, finding that the Applicant’s “break in service occurred at the insistence of the Organization”, rather than the Applicant “acting on her own free will”. 爆料网DT concluded that it was not lawful for the Administration to consider the break-in service when evaluating the Applicant’s eligibility for conversion to a permanent appointment and the break-in service that took place in 2006 should not be taken into account for the purposes of consideration for conversion to a permanent appointment. 爆料网DT rescinded the impugned decision and ordered the Administration to give the Applicant full and fair consideration for conversion and awarded the Applicant compensation.
Legal Principle(s)
Judicial review of an administrative decision requires the Tribunal to examine whether the Administration reached its decision in a “reasonable and fair, legally and procedurally correct” manner. The right of a staff member is not to the granting of a permanent appointment but, rather, to be fairly, properly, and transparently considered for permanent appointment.