UNDT/2012/164

UNDT/2012/164, Andersson

UNAT Held or UNDT Pronouncements

Non-promotion: As regards promotions and considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed in sink with the procedural and legal framework of the 2009 UNHCR annual promotions session, its methodology and to examine whether an irregularity vitiated a significant chance for promotion. The Applicant was not promoted due to a shifting of his candidature from one group to another, based on criteria which were not stipulated in the rules and at a stage in the course of the process of examination, which was in breach of the Organization’s own procedural rules. Hence, a procedural irregularity, which in the case at hand impacted the Applicant’s status as well as his chances of promotion, could be asserted. The Tribunal rescinded the contested decision and awarded the sum of CHF 10,000 as the amount of compensation pursuant to article 10.5 of its Statute and granted compensation for moral damage, in the amount of CHF 4,000, because a procedural irregularity had an immediate impact on the Applicant’s status and affected his chances for promotion.

Decision Contested or Judgment/Order Appealed

The Applicant contests the decision of the United Nations High Commissioner for refugees not to promote him to the P-3 level in the 2009 annual promotions session. The UNDT found that the contested decision was unlawful.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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Full Judgment

Applicants/Appellants

Andersson

Entity

Case Number(s)

Tribunal

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