2011-��AT-174

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. ��AT held that the procedural irregularity had no impact on her non-promotion. ��AT held that the direct effect of an irregularity 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 of promotion. ��AT held that ��DT should neither have rescinded the decision nor awarded compensation. ��AT granted the appeal and reversed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested her non-promotion. On the basis of a procedural irregularity, ��DT ordered rescission of the decision or compensation in lieu.

Legal Principle(s)

An irregularity in promotion procedures will only result in the rescission of the decision not to promote an appellant when he or she would have had a significant chance of promotion.

Outcome

Appeal granted

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Applicants/Appellants

Bofill

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement