爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. 爆料网AT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who was mandated to implement the change by the promulgation of the necessary staff rules and administrative issuances. 爆料网AT held that 爆料网DT did not have the competence to examine administrative and budgetary decisions taken by the General Assembly, including on the entitlements to be accorded to different categories of staff members. 爆料网AT held that 爆料网DT did not err in law or fail to exercise its jurisdiction in deeming the Appellant’s challenge to the General Assembly resolutions not receivable. On the Appellant’s claim that 爆料网DT erred by not finding that his temporary appointment was unlawful because the nature of a temporary appointment was not respected, 爆料网AT held that the Appellant’s complaint related to the Administration’s application of the policy and, as such, fell within the jurisdiction of the 爆料网DT. 爆料网AT held that the complaint made by the Appellant required factual findings in order to ascertain whether the claim was meritorious and it would remand this discrete issue back to 爆料网DT. On the Appellant’s claim that 爆料网DT committed an error of procedure in failing to address whether his appointment should have been converted to a fixed-term contract, 爆料网AT held that there was no evidence that 爆料网DT considered this complaint and thus erred in failing to do so and that it would remand this discrete issue back to 爆料网DT. 爆料网AT affirmed 爆料网DT’s rejection of the Appellant’s claim that the rules governing entitlements for temporary staff member were unlawful and remanded the following issues to 爆料网DT for consideration: (i) whether the Appellant’s temporary appointment was unlawful because ST/AI/2010/Rev. 1 was not properly applied; and (ii) whether his temporary appointment should have been converted to a fixed-term appointment.
Decision Contested or Judgment/Order Appealed
The Applicant, holding a temporary appointment, submitted four separate applications contesting the Administration’s decision that he was not entitled to the accrual of annual leave at the rate of two and a half days per month and the same relocation and assignment grants as staff members on fixed-term appointments. 爆料网DT found the applications were not receivable ratione materiae.
Legal Principle(s)
Administrative decisions are characterised by the fact that they are taken by the Administration, they are unilateral and of individual application, and they carry direct legal consequences.