2011-��AT-175

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. ��AT held that the procedural irregularity had no impact on his 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 ��AT held that ��DT should neither have rescinded the decision nor awarded compensation.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 the decision not to promote him. On the basis of a procedural irregularity, ��DT ordered rescission of the decision or compensation in lieu.

Legal Principle(s)

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

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Dualeh

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement