ST/SGB/2010/2

rocedurally flawed because the ASG/OCSS failed to give the Applicant an opportunity to respond to the concerns raised in the HCC Note and to comment on any perceived concerns regarding his performance. It was also unclear from the written decisions what specific conclusions the ASG/OCSS had reached about the Applicant’s responsibility for the issues raised in the HCC Note. In addition, the Tribunal was not convinced that the contested decisions would have been justified notwithstanding the breaches of due process and procedure.

The Tribunal found that the Guidelines were not applicable to the recruitment of UNLB GS local staff, because UNLB is not an “established mission” and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that UNLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...