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The UNDT found that the contested decision was unlawful on the grounds that 1) the Organization committed several procedural errors in the implementation of the UNHCR Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”), some of which resulted in a failure to take into account relevant information or to take into account irrelevant considerations; and 2) the Organization failed to minimally show that the Applicant’s candidacy for promotion received fair and full consideration. Standard of review: In the context of a...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal’s review is essentially focused on the implementation of the policy. It is not the Tribunal’s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may “point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal’s review is essentially focused on the implementation of the policy. It is not the Tribunal’s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may “point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal’s review is essentially focused on the implementation of the policy. It is not the Tribunal’s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may “point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal’s review is essentially focused on the implementation of the policy. It is not the Tribunal’s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may “point out what...

The context of the impugned decision was important because it was central to the Applicant’s case that the decision to exclude her from the comparative review exercise which led to her separation, was made in bad faith, and that it stemmed from the conflict surrounding the decision to transfer her from the CAS Office to the Supply Section. The Applicant’s case was that she was unlawfully excluded from the comparative review pool for Warehouse Assistants. The Applicant was transferred to the Supply Section despite her repeated protests and the explanation given was that the move was made to...

Assessment process; The Tribunal notes that in her entire application, the Applicant did not provide any proof of the allegations of bias and the negative influence of the Chief of Human Resources in the recruitment process. The Applicant’s further allegations of irregularity in the recruitment process have equally not been substantiated.; Since the Applicant was found not to be a suitable candidate and consequently not among the recommend[ed] candidates, her arguments on the lack of application of the gender parity considerations and the recruitment of an external candidate are not matters...

The Tribunal found that the Applicant was contesting the decision not to investigate her complaint under ST/SGB/2008/5 against the Chief, Languages Services (“Chief LS”), and fifteen of her colleagues and, following the investigation against two individuals, the decision to take managerial action against only one of the staff members she had complained about.; Receivability; Since the Applicant failed to request timely management evaluation of the decision not to investigate her complaint against the Chief, LS, and fifteen other staff members,; notified to her on 30 March 2017, these claims in...

Noting that there is nothing in the strict interpretation of section 1.2 of ST/SGB/2008/5 to exclude a series of discrete acts performed by more than a single individual from constituting prohibited conduct for which the Organization bears responsibility, the Tribunal found that the Applicant’s allegations of institutionally enabled, or tolerated, harassment did not relate to one off incidents. Under ST/SGB/2008/5, the ES’s duty was to examine the complaint in its entirety to see whether it raised issues of prohibited conduct to which the Applicant may have still been suffering from. Instead...

The ABCC rectified the procedural irregularities as directed by Judgment No. UNDT/2019/019 in its reconsideration of the Applicant’s claim. The ABCC received and considered a medical opinion of the medical doctor of MSD, who reviewed medical reports submitted by the Applicant along with his prior medical history. While the Applicant made allegations of improper considerations, he did not provide any supporting evidence and these allegations are without merit.