UNDT/2021/157, Weidmann
The Tribunal finds that the Applicant’s motivations for accepting his appointment to the P-3 post have no bearing on the lawfulness of the decision. The Applicant was cautioned in advance of his right to apply for other vacant posts, and he voluntarily decided to apply for a lower-level post. The Applicant, upon selection for the P-3 level post, was cautioned that he would be appointed at the P-3 level regardless of the grade of the post he encumbered at the time. This course of action was open to the Organization under UNFPA’s staffing policy. The Applicant then proceeded to accept this appointment under these conditions.
The rejection of the Applicant's request to “maintain [his] personal P-4 grade following a restructuring exercise in [the Division of Human Resources (“DHR”)] and the resulting downgrading of [his] personal grade from P-4 to P-3”.