2016-UNAT-624, Simmons
UNAT considered the appeal by the Secretary-General. UNAT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. UNAT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow UNDT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member’s morale and professional reputation, UNAT vacated the award of compensation. UNAT upheld the appeal and vacated the UNDT judgment.