±¬ÁÏÍø

The ±¬ÁÏÍøDT found the application irreceivable in respect of one position due to the Applicant¡¯s failure to file a request for management evaluation within the applicable time limit. With respect to the remaining three posts, the Tribunal found that the decision not to select the Applicant for the position of Chief of Section (Procurement of Services) was unlawful, and that the other two selection decisions were not. Consequently, the Tribunal rescinded the decision not to select the Applicant for the position of Chief of Section (Procurement of Services), set the amount of alternative...

±¬ÁÏÍøDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner¡¯s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. ±¬ÁÏÍøDT held that the exclusion of the e-PADs from the Panel members¡¯ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

±¬ÁÏÍøDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner¡¯s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. ±¬ÁÏÍøDT held that the exclusion of the e-PADs from the Panel members¡¯ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

The ±¬ÁÏÍøDT found that the contested decision was unlawful on the grounds that 1) the Organization committed several procedural errors in the implementation of the ±¬ÁÏÍøHCR Policy and Procedures for the Promotion of International Professional Staff Members (±¬ÁÏÍøHCR/HCP/2014/2) (¡°Promotions Policy¡±), some of which resulted in a failure to take into account relevant information or to take into account irrelevant considerations; and 2) the Organization failed to minimally show that the Applicant¡¯s candidacy for promotion received fair and full consideration. Standard of review: In the context of a...

Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has requested management evaluation, where required. Failure to file a request for management evaluation prior to filing the application makes the latter irreceivable, ratione materiae.

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Scope of judicial review concerning post abolition: it is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. The Tribunal may only examine and set aside decisions on very limited grounds, where there has been a finding of a breach of the administrative law considerations surrounding a decision.Improper motive: an Applicant has the burden of proof when seeking to demonstrate any improper motive.Comparative Review Policy for Locally Recruited Staff Members ¨C paragraph 4: in the context of an exercise to abolish a...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...