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 accepted the Secretary-General’s position that 爆料网MIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the 爆料网MIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. 爆料网AT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. 爆料网AT held that the change in the composition of the Comparative Review Panel was triggered by the National Staff Association’s voluntary decision not to participate in any further meetings or consultations of the ad hoc bodies. 爆料网AT held that the lack of consultation could not be attributed to the Administration or form a basis for awarding compensation. 爆料网AT granted the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicants contested the decision to abolish their posts. 爆料网DT found that the Administration had failed to consult properly with staff or staff representative bodies. 爆料网DT ordered rescission of the decisions not to renew the Applicants’ appointments, alternative payment in lieu, and moral damages.
Legal Principle(s)
An international organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts, and the redeployment of staff.