Ãå±±½ûµØ

The initial decision not to confirm the Applicant to the post was taken by an unidentified person whereas only the High Commissioner has the authority to take decisions on promotions. This decision must therefore be rescinded by the Tribunal. A second decision not to confirm her to the post was taken by the High Commissioner following a recourse submitted by the Applicant to the APPB and the Tribunal must examine the legality of this decision. The UNHCR Representative, who decided not to recommend the Applicant’s confirmation to the post, took this decision without informing her beforehand and without thus giving her the possibility to defend herself. This constitutes a substantial procedural flaw which must also lead to the rescission of the second decision. A fully effective performance during the probationary period is a minimum condition, but not in itself sufficient for a staff member to be confirmed to a post. The High Commissioner enjoys a broad discretionary power in terms of promotions. The Judge set the sum of CHF2,000 as the amount of compensation for moral damage as he considered that the Applicant had only few chances of being confirmed to the post, had no irregularity been committed.