2010-Ģ��ƵAT-088

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, Ģ��ƵAT held that Ģ��ƵDT erred in receiving the application in respect of a service contract. Ģ��ƵAT held that Ģ��ƵDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms Megerditchian. Ģ��ƵAT held that Ģ��ƵDT erred in finding that the Administration caused harm to Ms Megerditchian. Ģ��ƵAT allowed the appeal, rescinded the Ģ��ƵDT judgment and vacated the award of damages.

Decision Contested or Judgment/Order Appealed

Ms Megerditchian contested the non-renewal of her service contract. Ģ��ƵDT found partly for Ms Megerditchian and awarded compensation.

Legal Principle(s)

Priority consideration cannot be interpreted as a promise or guarantee to be appointed or to receive that for which one is considered in priority.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Megerditchian

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement