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Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

UNDT found that the applicant could not be recruited from his general service post to the professional level without undergoing the required examination. The UNDT awarded three-months salary as compensation for the distress caused by the Organization.

The representative, proposed by the staff to sit on a mixed staff-administration consultative body and appointed by the High Commissioner, may legally sit on the said body even though the staff association which proposed him has withdrawn its confidence. the fact that this staff representative is, after his designation, appointed to an inspection function is not in itself sufficient to create a situation of conflict of interest preventing him from sitting. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives...

Staff rule 111.2 (a) requires that a staff member who wishes to challenge an administrative decision to request the Secretary-General, within two months of notification of the said decision, for the decision to be reconsidered. This period starts from the notification of the first refusal decision. The sending by the administration of decisions confirming a first refusal does not reopen the deadlines. However, it is up to the judge to ascertain before rejecting a time-barred request that the staff member has not been misled by the administration on the terms of his appeal.

On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.

It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. Paragraph 5 of article 10 of the UNDT¡¯s Statutes imposes on the judge, in certain cases to set compensation that the Respondent may choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage...

Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration¡¯s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...

UNDT found that the applicant¡¯s case was limited to the amount of adequate compensation for the failure to adequately and timeously consider his complaint and that his other claims, including with respect to the termination of his appointment, were not properly before it. UNDT found that the Administration was required¡ªbut failed¡ªto undertake an adequate and timeous initial inquiry into the applicant¡¯s allegations. UNDT found that the applicant substantiated his claims of emotional distress and injury and must be compensated for it. However, UNDT found that the applicant failed to show that...