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UNDT/2020/046

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UNDT/2020/046, Kanbar

UNAT Held or UNDT Pronouncements

The application was dismissed. The Tribunal reasoned that in light of staff regulation 1.2(c ) and the Applicant’s job description, reassigning her from one work station to another within UNIFIL was legitimate. Therefore, the impugned decision being a lawful exercise of discretion, there was no basis to rescind it.

Decision Contested or Judgment/Order Appealed

The Applicant contested UNIFIL’s decision to redeploy her from the Chinese Constructing Engeneering Unit (CHINCEU 2-31) in Sector West to INDOBATT 7-1 in Sector East.

Legal Principle(s)

According to staff regulation 1.2(c ), staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities of the United Nations. As per the settled jurisprudence, the reassignment of a staff member’s functions comes within the broad discretion of the Organization to use its resources and personnel as it deems appropriate.

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Kanbar
Entity
UNIFIL
Case Number(s)
UNDT/NBI/2018/047
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Reassignment or transfer
Applicable Law
Staff Regulations
UNDT Statute