爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the Appellant’s submission that 爆料网DT’s failure to determine his motion to order the Secretary-General to produce relevant documents amounted to an error in procedure such as to affect the decision in the case. Article 19 of the 爆料网DT Rules of Procedure gives 爆料网DT broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information “for the fair and expeditious disposal of the case and to do justice to the parties. 爆料网AT noted that the Appellant adduced no evidence to support his contention that the exercise of discretion by 爆料网DT was arbitrary and/or improper. 爆料网AT found that the decision to relocate the Appellant was lawful and a valid exercise of the Secretary-General’s discretionary authority to reassign staff. 爆料网AT also found that 爆料网DT correctly concluded that the Appellant was not entitled to the payment of a hardship allowance for Baghdad for any period as he was not physically located in Baghdad. 爆料网AT also agreed that the Appellant was not entitled to the payment of daily subsistence allowance while in Kuwait since, during that time, his duty station was Kuwait and not Baghdad. 爆料网AT dismissed the appeal and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to retroactively change his duty station from Baghdad to Kuwait and to reject his request for management evaluation as not receivable. 爆料网DT declared his application was receivable but held that he failed to substantiate his claim that the contested decision was unlawful. 爆料网DT held that the Applicant was not entitled to hardship allowances and was also not entitled to claim a daily subsistence allowance.
Legal Principle(s)
The 爆料网DT, in accordance with Article 19 of its Rules of Procedure, has broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information for the fair and expeditious disposal of the case and to do justice to the parties. Staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or offices of the United Nations. In exercising this authority, the Secretary-General shall seek to ensure, having regard to the circumstances, that all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them.