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As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The High Commissioner was not bound to follow the APPB recommendations. He was able to legally...

A decision which has not been the subject of a request for a management evaluation cannot be contested before the Tribunal. As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances.As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that...

The UNDT Statute, which is superior in the hierarchy of norms to the Staff Rules, states that an applicant should file an application within 90 days following the expiry of the 45-day period for the management evaluation if the Administration has not replied to his/her request. If the Administration replies after the 45-day period but before the expiry of the 90-day period, a new 90-day period to contest a decision before the Tribunal starts to run. As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member’s career. Under the principle that...

Selection process: According to the APPB Procedural Guidelines, the APPB may recommend to the High Commissioner an eligible candidate who has not necessarily been proposed by the manager and the High Commissioner, in the exercise of his discretionary power, is not obliged to endorse the APPB recommendation and may appoint a staff member to a post provided s/he is eligible and her/his candidacy has been examined by the APPB. In the case at hand, the Applicant was not recommended by the Representative and this is the main reason for his non-appointment. The Tribunal has only a limited role in...

The initial decision not to confirm the Applicant to the post was taken by an unidentified person whereas only the High Commissioner has the authority to take decisions on promotions. This decision must therefore be rescinded by the Tribunal. A second decision not to confirm her to the post was taken by the High Commissioner following a recourse submitted by the Applicant to the APPB and the Tribunal must examine the legality of this decision. The UNHCR Representative, who decided not to recommend the Applicant’s confirmation to the post, took this decision without informing her beforehand and...