The Applicant did not advance any exception to the rule that General Assembly resolutions may not be amenable to judicial review by the Tribunal. Those exceptions arise where the Secretary-General is mandated to interpret an ambiguous regulatory decision, to comply with procedures or where the implementation of the resolution involves application of a criteria. In the instant case, the Secretary-General’s role in implementation of the resolution to abolish the P-4 Engineering position was mechanical and was not reviewable . In that regard, the Respondent was correct that that limb of the...
Abolition of post
The Applicant’s appointment rested with the Human Resources Section and not the DMS, the mere recommendation by the latter of extension of the contract did not constitute a firm commitment for the Organization under the applicable jurisprudence, nor did the extension of his ground pass, which is a mere organizational permission. Therefore, the Tribunal finds that the Applicant did not have a legitimate expectation of renewal of his fixed-term appointment. The Applicant’s post was among those whose unique function was to be abolished in the affected unit and therefore, deemed to be a “dry cutâ€...
The Applicant’s challenge against her first reporting officer’s refusal to amend her ePAS was found to be an administrative decision because the contradictions between some of the ratings and comments in the e-PAS were of such gravity that the decision would have merited rescission under Handy (UNDT/2020/030 and 2020-UNAT-1044). However, this claim failed for the lack of a timely management evaluation request. The Applicant’s challenge against the non-renewal of her fixed-term appointment was found receivable. The Applicant’s performance evaluation for 2016-2017 had an adverse effect on her...