蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频AT 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. 蘑菇视频AT 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. 蘑菇视频AT upheld the appeal and vacated the 蘑菇视频DT judgment.
Decision Contested or Judgment/Order Appealed
The staff member contested the decision not to promote her. 蘑菇视频DT found that, by promoting a staff member who was not eligible and whose candidacy had not been examined by the Appointments Postings and Promotions Board, the High Commissioner had committed an irregularity which vitiated the legality of the decision to deny the staff member a promotion. 蘑菇视频DT ordered the rescission of the contested decision or, in lieu thereof, the payment of CHF 8,000 as compensation for the loss of salary due to the denial of promotion. 蘑菇视频DT rejected the staff member’s claim for moral damages, noting that her chances for promotion were “close to zero”, even if no procedural irregularities had occurred.
Legal Principle(s)
An irregularity in promotion procedures will 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.