AV

UNDT/2024/060

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UNDT/2024/060, Terrine

UNAT Held or UNDT Pronouncements

The Tribunal DECIDES to dismiss the application in its entirety.

Decision Contested or Judgment/Order Appealed

The Applicant contested: 1) the  decision, communicated in an email of 28 July 2022, of “the sudden and abrupt suspension of the aforementioned decision of 19 July 2022”; 2) the  decision dated 29 July 2022,  the the Summary of Decisions on Assignments and Appointments,taken by the High Commissioner assigning the Applicant to the post of Assistant Representative (Administration,P-5) in Addis Ababa; 3) the decision of 11 November 2022 confirming the Applicant’s assignment to Addis Ababa.

Legal Principle(s)

According to RAAI para. 10, the “paramount consideration in selecting candidates for appointment and assignment is the necessity of securing the highest standards of efficiency, competence and integrity in UNHCR’s workforce in accordance with corporate and operational needs and priorities, taking into consideration the personal and professional needs of individuals to the extentpossible”.

Outcome
Dismissed on merits
Outcome Extra Text

There is always a presumption that official acts have been regularly performed. This is called a presumption of regularity. […] Thereafter the burden ofproof shifts to the Appellant who must be able to show through clear and convincing evidence that she was denied a fair chance of promotion.”

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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.

Full Judgment
Applicants/Appellants
Terrine
Entity
UNHCR
Case Number(s)
UNDT/NBI/2022/123
Tribunal
UNDT
Registry :
Nairobi
Date of Judgement
Judge(s)
Judge Wallace
Language of Judgment
English
Issuance Type
Judgment
Document Topic/Theme :
Discretionary authority
Reassignment or transfer
Applicable Law
Administrative Instructions