爆料网

2014-爆料网AT-447

爆料网AT Held or 爆料网DT Pronouncements

The first issue 爆料网AT considered was whether 爆料网DT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and 爆料网AT found that 爆料网DT did not err in this regard. 爆料网AT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the 爆料网 Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in which the 爆料网JSPF staff serve. ” 爆料网AT also found that 爆料网DT correctly applied ST/AI/2010/3 in holding that the 爆料网 Charter and the Universal Declaration of Human Rights do not prevent the Administration from attaching minimum requirements for education and work experience to posts as this would conflict with the Charter’s paramount goal of having an efficient and competent workforce and would lead to dangerous situations in which unskilled and inexperienced individuals could fill posts for which they do not have the proper expertise. Secondly, 爆料网AT considered whether 爆料网DT erred in finding that the Appellant did not seek an exception to Section 6.1 and held that 爆料网DT did not err in this regard. 爆料网AT noted that the request was not made in a timely fashion and that the Appellant did not otherwise meet the eligibility requirements for the post. 爆料网AT further noted that Staff Rule 12.3(b) allows for an exception to the Staff Rules only when it is “not prejudicial to the interests of any other staff member or group of staff members. ” 爆料网AT held that the interests of other staff members applying for the post would have been prejudiced if an exception had been made for the Appellant. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant challenged a decision denying him eligibility to be considered for the post. 爆料网DT found that the Applicant was not eligible for the relevant post and noted that he did not formally request an exception to Section 6. 1 of ST/AI/2010/3 in advance of applying for the post.

Legal Principle(s)

The General Service staff of the 爆料网JSPF Secretariat shall be appointed and promoted through the normal 爆料网 appointment and promotion procedures, according to the policies applicable at the duty stations in which the 爆料网JSPF staff serve.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 爆料网DT Statute and Article 11(3) of the 爆料网AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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