爆料网AT Held or 爆料网DT Pronouncements
爆料网AT denied the Appellant’s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. 爆料网AT also found no fault with 爆料网DT’s holding that the decision to relocate the Appellant was lawful. 爆料网AT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member’s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member’s competence and skills; and, whether he or she had substantial experience in the field. 爆料网AT found that the decision to change the Appellant’s duty station was based on circumstances external to the Appellant and fell entirely within the Administration's remit. 爆料网AT held that the decision was not based on any improper motive and was not in breach of any mandatory procedures. 爆料网AT also found that the Appellant was only entitled to the DSA and hardship allowances applicable to Baghdad for the days that he actually spent there. 爆料网AT affirmed 爆料网DT’s judgment in its entirety.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to retroactively change his duty station in violation of his contract of employment. 爆料网DT found that the application was receivable. 爆料网DT found that the decision to relocate the Applicant was lawful. 爆料网DT held that the Applicant was only entitled to the DSA and/or hardship allowances for the days he actually spent in Baghdad.
Legal Principle(s)
Traditionally, the reassignment of staff members’ functions comes within the broad discretion of the Organisation to use its resources and personnel as it deems appropriate. Staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or office 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.