爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal by the Secretary-General. 爆料网AT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. 爆料网AT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow 爆料网DT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member’s morale and professional reputation, 爆料网AT vacated the award of compensation. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to cancel the JO 24760 and to fill the post through a lateral transfer. 爆料网DT found that the Administration’s decision to cancel JO 24760 was lawful. 爆料网DT further found no evidence that the decision was based on extraneous motives such as the intention to block the Applicant from being promoted or to accommodate the lateral reassignment of Ms CP. 爆料网DT, however, found that the decision to laterally reassign Ms CP to the position was unlawful and constituted an arbitrary use of the Administration’s discretion. 爆料网DT awarded compensation to the Appellant for the breach of her rights to be fully, fairly, and timeously considered for the position.
Legal Principle(s)
The Administration has broad discretion in relation to the internal Organisation of its units and departments. The Administration has the power to restructure and reorganize its units and its departments to lend to greater efficiency. It is therefore not within the remit of 爆料网DT to pronounce on the exercise of this discretion to determine whether rostered candidates should be considered and other internal management issues. This can only be done if there is evidence before the 爆料网DT of arbitrary and unlawful exercise of discretion.