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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 ±¬ÁÏÍøDT and by which ±¬ÁÏÍøDT 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 ±¬ÁÏÍøDT, ±¬ÁÏÍøAT defers to its discretion in awarding and quantifying the pecuniary damages.

The Secretary-General appealed on the premise that ±¬ÁÏÍøDT improperly substituted its decision for that of the Administration. ±¬ÁÏÍøAT disagreed and found that the reason ±¬ÁÏÍøDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. ±¬ÁÏÍøAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...

±¬ÁÏÍøAT disagreed with ±¬ÁÏÍøDT 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. ±¬ÁÏÍøAT firstly held that ±¬ÁÏÍøDT erred when it ruled that the invitation e-mail respected the advance notice requirement. ±¬ÁÏÍøAT 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...

Admissibility: The parameters of what is admissible before this court is provided for in Article 18 of the ±¬ÁÏÍøDT Rules of Procedure. In relevant part, the Article states that the Tribunal shall determine the admissibility of any evidence; and that it may exclude evidence which it considers irrelevant, frivolous or lacking in probative value. Workplan/EPAS: It is the responsibility of the first reporting officer to set out the work plan with the Applicant; to conduct the mid-point review and the final appraisal; and to provide supervision on the overall work of the Applicant during the course...

±¬ÁÏÍøDT preliminarily rejected the Applicant¡¯s requests for recusal, holding that there were no longer any grounds for ruling on those requests since the ±¬ÁÏÍøDT President previously rejected those requests. Concerning the first application, ±¬ÁÏÍøDT held that the Applicant did not establish the illegality of the election of JC and that his application for the election to be declared null and void must be rejected. With regard to the Applicant¡¯s request that all decisions taken by the Internal Justice Council be rescinded, ±¬ÁÏÍøDT held that it is clear from General Assembly Resolution 62/228 of 22 December...

Outcome: Application dismissed as the preponderance of evidence demonstrated that the applicant¡¯s candidature had been given full and fair consideration.

One of the elements that an application for suspension of action must show is that the contested decision ¡°appears prima facie to be unlawful¡±, i.e. that there is a reasonably arguable case that the contested decision is unlawful. A merely reasonable (hence legitimate in ordinary parlance) expectation of a particular outcome is not the same as a legitimate expectation that gives rise to any legal rights, and will be insufficient to establish reasonably arguable unlawfulness. Outcome: The Judge held that there is an insufficient evidentiary basis for concluding even on a prima facie level that...

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 judge makes his decision on the basis of all the documents in the file to the extent that all the parties are aware of them and have been able to discuss them. He must not exclude a document produced by a party unless it is submitted after the expiry of a time limit which he himself has fixed or which is imposed on him by the texts and only if this document is not likely to modify the outcome of the dispute, a hypothesis which requires the judge to grant the parties additional time to ensure compliance with the adversarial proceedings. The regulations in force for establishing the list of...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...