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 had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post of BTO in the new mission was manifestly fraudulent and amounted to a reckless abuse of power and position on the part of Ms. Hermann. 爆料网AT held that 爆料网DT had not erred in exercising jurisdiction over Ms. Hersh’s challenge of the classification of the BTO post in 爆料网 Mission in South Sudan (爆料网MISS), even if Ms. Hersh did not request management evaluation, since 爆料网DT’s review of the factual situation by necessity involved a consideration beyond the mere fact of termination of the contract. 爆料网AT held that 爆料网DT did not err regarding the increased award of compensation under Article 10.5(b) of the 爆料网DT Statute. 爆料网AT held that the alternative award of two years’ net base salary was well within 爆料网DT’s jurisdiction, having regard to the seriousness of the breaches, which occasioned a referral of the Chief Radio to the Secretary-General for accountability. Regarding the moral damages, 爆料网AT held that the award of the sum of one year and four months’ net base salary was excessive and reduced it to six months’ net base salary. 爆料网AT held that the referral for accountability was well within the discretion of 爆料网DT under Article 10.8 of the 爆料网DT Statute. 爆料网AT upheld in part the appeal and affirmed the 爆料网DT Judgment, subject to variation of the award to two years and six months’ net base salary, with interest at the US Prime Rate accruing from the date on which the staff member left South Sudan.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to terminate her contract. 爆料网DT ordered rescission of the decision to separate the Applicant from service because it was the result of a series of violations of the pertinent administrative issuances. 爆料网DT ordered that the Applicant be reinstated, or in the alternative, be paid two years’ net base salary. Regarding moral damages, 爆料网DT further awarded the Applicant one year’s net base salary for substantive irregularity and four months’ net base salary for procedural irregularity.
Legal Principle(s)
The Administration has the duty to follow its own Regulations and Rules in matters of staff selection. In reviewing such decisions, it is the role of 爆料网DT or 爆料网AT to assess whether the applicable Regulations and Rules have been applied and whether they were applied in a fair, transparent and non-discriminatory manner. The Tribunals’ role is not to substitute their decision for that of the Administration. The Secretary-General has broad discretion in matters of staff selection. The Tribunal can intervene where the Administration failed in its duty to act fairly, justly, and transparently in dealing with its staff members and to follow its own Regulations and Rules.