¹ú²úAV

The representative, proposed by the staff to sit on a mixed staff-administration consultative body and appointed by the High Commissioner, may legally sit on the said body even though the staff association which proposed him has withdrawn its confidence. the fact that this staff representative is, after his designation, appointed to an inspection function is not in itself sufficient to create a situation of conflict of interest preventing him from sitting. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. The High Commissioner cannot legally grant promotions to staff whose situation has not been examined by the Joint Commission who has been mandated to do so. Paragraph 5 of Article 10 of the UNDT’s Statutes imposes on the judge, in certain cases to set compensation that the Respondent can choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage of the illegal decision that was made and fixes the amount to be paid at CHF 9000. The staff whose refusal of promotion has been rescinded by the Judge can only receive compensation for moral damage if he had a serious chance to be promoted if the Administration had followed due process, which is not the case at hand. The contested decision was rescinded. The judge fixed an amount of compensation corresponding to paragraph 5 of article 10 of the UNDT’s Statutes. All other claims were rejected.