Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because Ä¢¹½ÊÓƵDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in fact when it found that certain Ä¢¹½ÊÓƵAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited Ä¢¹½ÊÓƵAT precedents.

The evidence of procedural errors and irregularities supported the Dispute Tribunal¡¯s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by Ä¢¹½ÊÓƵDT and by which Ä¢¹½ÊÓƵDT assessed Mr.; Russo-Got¡¯s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT defers to its discretion in awarding and quantifying the pecuniary damages.

Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General¡¯s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. Ä¢¹½ÊÓƵAT firstly held that Ä¢¹½ÊÓƵDT erred when it ruled that the invitation e-mail respected the advance notice requirement. Ä¢¹½ÊÓƵAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. Ä¢¹½ÊÓƵAT held that Mr Krioutchkov has failed to rebut the Ä¢¹½ÊÓƵDT finding regarding the legality of the CRB process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the Ä¢¹½ÊÓƵAT jurisprudence. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵDT found that in as much as the Applicant¡¯s situation regarding promotion was re-examined by the Administration, not at the Applicant¡¯s request but on the Administration¡¯s initiative, the Applicant could not seriously assert that he was unable to inform the Appointment, Posting and Promotions Board (APPB) of the mistakes contained in his file. However, Ä¢¹½ÊÓƵDT found that the Applicant had the right to contest before the Tribunal the decision notified to him on the grounds that the APPB would have founded its non-recommendation for promotion on incorrect facts. Regarding the Applicant¡¯s...

The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas

The applicant submits that the decision not to promote her is contrary to the Charter of the United Nations and the provisions of the Staff Rules stipulating that the main factors to be considered with regard to promotions are efficiency, competence and integrity. However, the applicant does not specify in what respects the contested decision violates the said provisions and thus does not enable the judge to rule on these assertions. The principal reason for the refusal to recommend promotion was that the applicant had not been recommended in 2007. While the applicant is contesting that...

The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...

The time limit for appeal runs from the date on which the appellant receives the Secretary General's response to her request for review. If the Administration maintains that it received it before the date indicated by the Applicant, it is up to the Administration to provide proof thereof. The minutes of the sessions held by the Appointments, Promotions, and Assignments Committee are documents allowing the judge to verify the procedure followed by the Commission. To obtain the annulment of a decision refusing promotion, the Applicant must establish either that the list of promotions was taken...

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.