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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 However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair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 However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair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 However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair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 Tribunal rescinded the contested decisions and awarded USD50,000 in non-pecuniary damages.

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury – As held by UNAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee’s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

Starting date for time limits: Time limits must be counted from the moment all facts necessary to the commencement of the case were known, or at least should have reasonably been known .Publication of vacancies: The Administration is uncontestably required to announce existing and foreseeable vacancies to be filled. If more than one vacancy is to be advertised under the same JO, the JO in question needs to clearly indicate so. Non-retroactive application of the Statute’s amendment: An amendment of the applicable rules cannot apply to an application filed prior to the entry into force of said...

The Tribunal found that the Organization’s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...

The Tribunal was not persuaded by the Applicant’s argument that staff rule 9.2(b) should apply to her case because her resignation was not genuine and the Administration had set her up for resignation. Rather, it was apparent to the Tribunal that the Applicant’s resignation was situational and a consequence of a combination of earlier decisions taken by the Applicant and the external factors. The Applicant overestimated the power of her newly acquired diploma on the job market which proved more difficult than she had expected. The Applicant made no inquiries concerning termination indemnity...