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Ä¢¹½ÊÓƵAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. Ä¢¹½ÊÓƵAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

Regarding the lateral moves, Ä¢¹½ÊÓƵAT held that the fact, that the selected candidate¡¯s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of ¡°lateral move¡± in ST/AI/2006/3/Rev. 1 included such a requirement. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision on this point was based on the evidence that clearly established that the selected candidate¡¯s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, Ä¢¹½ÊÓƵAT held that the evidence before Ä¢¹½ÊÓƵDT supported its finding that the selected candidate had at least 10...

Ä¢¹½ÊÓƵAT held that the Appellant had merely repeated his submissions before JAB and Ä¢¹½ÊÓƵDT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant did not possess the relevant professional qualification. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in affirming the JAB¡¯s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s focus on the requirement of professional legal experience did not...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT did not find that the Applicant was distressed by Ä¢¹½ÊÓƵHCR¡¯s illegal conduct or that he had suffered any adverse consequences or harm from Ä¢¹½ÊÓƵHCR¡¯s procedural error in following the opinion of DSS. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. Ä¢¹½ÊÓƵAT upheld the appeal and reversed the Ä¢¹½ÊÓƵDT judgment regarding the award of damages to the staff member.

Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member¡¯s service with Ä¢¹½ÊÓƵRWA should have been counted as service with the Ä¢¹½ÊÓƵ and that he thus met the service criterion for eligibility. Ä¢¹½ÊÓƵAT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.

On the issue of the Ä¢¹½ÊÓƵDT¡¯s decision not to take up the Appellant¡¯s motion for disclosure of documents, Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate how this affected his rights or would have had a relevant impact on the evidence already collected, the basic facts of which were not contested, and therefore Ä¢¹½ÊÓƵAT held there were no procedural grounds to vacate the judgment. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant had not established any error of fact or law that warranted reversal of the judgment. Ä¢¹½ÊÓƵAT recalled that not every violation of due process led to an award of compensation...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. Ä¢¹½ÊÓƵAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with Ä¢¹½ÊÓƵDP to take up an appointment with a different entity (Ä¢¹½ÊÓƵV), thereby causing a break in service. Ä¢¹½ÊÓƵAT held that this break in service should have led Ä¢¹½ÊÓƵDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. Ä¢¹½ÊÓƵAT further noted that Ms Carrabregu¡¯s service to Ä¢¹½ÊÓƵV could not be...

The first issue Ä¢¹½ÊÓƵAT considered was whether Ä¢¹½ÊÓƵDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the Ä¢¹½ÊÓƵ Joint Staff Pension Fund requires that ¡°[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...

Ä¢¹½ÊÓƵAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was the body best placed to assess a candidate¡¯s chance of selection for placement on the roster. Ä¢¹½ÊÓƵAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin Ä¢¹½ÊÓƵDT¡¯s assessment that the staff member¡¯s chances were not in the realm of the speculative. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s cross...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in deciding that the non-renewal of the staff member¡¯s contract was unlawful. Ä¢¹½ÊÓƵAT held that the staff member was aware that a high school diploma was an essential qualification. Ä¢¹½ÊÓƵAT held that his contract was conditional upon him producing proof of this qualification. Ä¢¹½ÊÓƵAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. Ä¢¹½ÊÓƵAT agreed with the Secretary-General¡¯s submission that the decision not to renew was neither...