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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.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly held that the Appellant¡¯s case was not receivable. Ä¢¹½ÊÓƵAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months¡¯ base salary as an alternative to the rescission of the improper decision. Ä¢¹½ÊÓƵAT considered that, in this matter, the first judge was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was not for the head of department to intervene in the evaluation process conducted by the programme manager, the Central Review Body and, where applicable, the panel. Ä¢¹½ÊÓƵAT held that the head of department is not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who have been recognised as qualified. Ä¢¹½ÊÓƵAT held that the Executive Director¡¯s actions disregarded Mr Verschur¡¯s right to benefit from the advantage of being included on the roster for a year and she...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach in considering the Appellant¡¯s prospects of success was entirely reasonable in the particular circumstances of the case. Ä¢¹½ÊÓƵAT held that it was not the function of Ä¢¹½ÊÓƵDT or Ä¢¹½ÊÓƵAT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. Ä¢¹½ÊÓƵAT recalled that the jurisdiction vested in Ä¢¹½ÊÓƵDT is to review alleged procedural deficiencies and to rectify any which are...

Ä¢¹½ÊÓƵAT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. Ä¢¹½ÊÓƵAT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. Ä¢¹½ÊÓƵAT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. Ä¢¹½ÊÓƵAT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to Case 2. Ä¢¹½ÊÓƵAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed...

Ä¢¹½ÊÓƵAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the Ä¢¹½ÊÓƵ, through Ä¢¹½ÊÓƵAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by Ä¢¹½ÊÓƵAMID during the term of the Loan Agreement. Ä¢¹½ÊÓƵAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. Ä¢¹½ÊÓƵAT held that, without access to the administration of justice system within the Ä¢¹½ÊÓƵ, the Appellant would have no right to an effective remedy from the competent tribunal in...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in deciding to review the non-attribution issue separately from the other issues. Ä¢¹½ÊÓƵAT held that the appeal was receivable because Ä¢¹½ÊÓƵDT had committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓƵAT upheld the appeal, annulled the judgment and remanded the case to Ä¢¹½ÊÓƵDT for a de novo review.