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Staff selection (non-selection/non-promotion)

Showing 61 - 70 of 598

UNAT considered an appeal by the staff member. UNAT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. UNAT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. UNAT held that the Appellant did not demonstrate any errors in the UNDT judgment regarding the merits of the administrative decision that would warrant UNAT’s intervention. UNAT held that the Appellant did not demonstrate that she was not properly...

UNAT considered the appeal by the Secretary-General on the compensation awarded. UNAT considered the cross-appeal by Ms Antaki, regarding UNDT’s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-UNAT-096). UNAT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded UNDT from awarding any compensation. UNAT held that UNDT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, UNAT held that UNDT erred in receiving the application in respect of a service contract. UNAT held that UNDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

UNAT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General’s appeal being time-barred, as raised by Mr. Kasyanov, UNAT held that UNDT’s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. UNAT held that the UNDT judgment on merits only became final when UNDT issued the judgment on compensation. UNAT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on...

UNAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months’ net base salary. UNAT held that UNDT did not make a reversible error in declining to award compensation for moral suffering. UNAT held that the case was distinguishable from Mebtouche (UNDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. UNAT held that enhanced compensation could not be awarded to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the appeal was not filed untimely and was, therefore, receivable. UNAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, UNDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. UNAT held that UNDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. UNAT held, concerning the conclusion that compensation should be paid for moral damages...

UNAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. UNAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, UNAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

UNAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General’s answer. UNAT held that the observations would not be taken into consideration. UNAT held that UNDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant’s contention about the quantum of compensation, UNAT held that UNDT was in the best position to decide on the level of compensation given its...

2010-UNAT-042, Wu

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to re-examine the judgments of the former Administrative Tribunal in judgment No. 1047, Helke (2002) and judgment No. 1122, Lopes Braga (2003). UNAT held that the award of compensation for non-pecuniary damage did not amount to an award of punitive or exemplary damages designed to punish the Organisation and deter future wrongdoing. UNAT held that UNDT did not err in finding that the staff member suffered stress based on his submission. UNAT held that UNDT had committed no error in awarding compensation for...