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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.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because ±¬ÁÏÍøDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT also erred in fact when it found that certain ±¬ÁÏÍøAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited ±¬ÁÏÍøAT precedents.

±¬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...

±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. ±¬ÁÏÍøAT held that Mr Krioutchkov has failed to rebut the ±¬ÁÏÍøDT finding regarding the legality of the CRB process. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the ±¬ÁÏÍøAT jurisprudence. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

The application was not receivable under article 13 of the ±¬ÁÏÍøDT Rules of Procedure because at the time the application was filed, there was no management evaluation pending. It was only on 21 October 2009 that the Tribunal received a copy of the request for management evaluation of the decision of 5 October 2009. The application was not receivable under article 14 of the ±¬ÁÏÍøDT Rules of Procedure because the administrative decision dated 5 October 2009 to fill the post related to an appointment and could not be the subject of interim relief in view of the exception contained in article 14...

The Applicant was not considered in accordance with ST/AI/2006/3 as was his legal right.

±¬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...

The Applicant filed the application for a stay of proceedings in her case pending the outcome of an on-going recruitment process to the vacant post. The motion for stay of proceedings was refused because it lacked merit. The application was struck out because the Applicant was inviting the Tribunal to act as ¡°Big Brother¡± and constitute some kind of sword of Damocles over the head of the Respondent by keeping her case alive while the recruitment process was on and to possibly invoke it if she was not happy with the outcome of the exercise. This was an abuse of the Tribunal¡¯s process. In...

±¬ÁÏÍøDT found that in as much as the Applicant¡¯s situation regarding promotion was re-examined by the Administration, not at the Applicant¡¯s request but on the Administration¡¯s initiative, the Applicant could not seriously assert that he was unable to inform the Appointment, Posting and Promotions Board (APPB) of the mistakes contained in his file. However, ±¬ÁÏÍøDT found that the Applicant had the right to contest before the Tribunal the decision notified to him on the grounds that the APPB would have founded its non-recommendation for promotion on incorrect facts. Regarding the Applicant¡¯s...