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From the moment that the new Executive Secretary took up his functions at ESCWA, the Deputy Executive Secretary was no longer competent to decide, on 8 August 2007, to reassign the Applicant. Indeed, there is no documentary evidence that he had received delegation of authority from the Executive Secretary to take the contested decision, which is thus illegal. However, on 16 August 2007, the Executive Secretary confirmed the decision taken on 8 August 2007 by his Deputy. This new decision is legal but it does not have the effect of regularizing ex post facto the decision of 8 August 2007...

The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she...

Reassignments: Staff regulation 1.2 grants broad discretion to the Secretary-General in making reassignment decisions. However, such discretionary power is not unfettered: it is subject to respect for due process, and the absence of bias, discrimination, arbitrariness, or other extraneous motivations. While section 2.4 ST/AI/2006/3.Rev.1 envisages only lateral transfers to vacant posts, it does not preclude other kinds of transfer to be lawfully made. The decision contested in the present case does not contravene the said section 2.4, but falls beyond this provision¡¯s purview and, therefore...

Outcome: The Tribunal found that the Applicant¡¯s due process rights were observed by the Organization in its handling of the complaint and rejected the application in its entirety. The Tribunal found that the actions of the Organization in handling the complaint, both individually and in aggregate, met the requirements of due process.

The Applicant¡¯s alleged abuse of Buddy qualified as such conduct. Not returning the Applicant to the Canine Unit. It was proper not to return the Applicant to his former job after the disciplinary case against him had been dismissed. Not returning Buddy. Since Buddy was surrendered to the custody of the New York State Police, the United Nations would appear to have transferred back the property rights over Buddy to the New York State Police. Regardless of the outcome of the disciplinary case against the Applicant, it would therefore seem that the Respondent is not able to return Buddy to the...

The Tribunal found that the decision to reassign the Applicant was an unlawful exercise or the Administration¡¯s discretion because, although the decision was based on her alleged poor performance, the Applicant¡¯s performance had never been evaluated in accordance with the established procedures. The subsequent decision not to renew her contract was flawed for the same reason. Whilst the official reason given was that the Applicant did not accept the post offered or apply for another one, the Tribunal found that the non-renewal decision was motivated by the Applicant¡¯s supervisors¡¯ assessment...

The Tribunal finds that the restructuring constituted a valid exercise of the Respondent¡¯s discretionary authority, that the Applicant¡¯s post was not abolished as he was in fact reassigned against the same budgeted post, and that his reassignment was lawful. Definition of a ¡°post¡±: A ¡°post¡± may be defined as the financial authorization given for a job to be performed, irrespective of the fact that it may be funded through budgetary or extra budgetary sources. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad discretion in the organization of...

Management evaluation: Claims against decisions that have not been the subject of a request for management evaluation are not receivable before the Tribunal. An applicant may not seek any rulings or relief in relation to these decisions. The events surrounding them may be part of the factual matrix of the application but they are peripheral at best. Project document: There is no mandatory requirement in the rules or any Administrative Instructions for a project document to be finalised prior to the responsible staff member taking up the project post. Authority for lateral transfers under ST/AI...

The Tribunal found that the initial imposition of the reprimand was justified based on the Applicant¡¯s own admitted supervisory failings. However, the Tribunal found that the withdrawal and subsequent reinstatement of reprimand were improper, as was the decision to transfer the Applicant from his post. The Tribunal directed the parties to confer on the issue of compensation.

The Respondent was required to act in the best interests of the Organization, when reassigning the Applicant, and it was principally for the Respondent as the Chief Administrative Officer of the Organization, pursuant to art. 97 of the United Nations Charter, to define what those interests were in the context of the administration of the Organization Outcome: For respondent (merits).