Ãå±±½ûµØ

Non-promotion: As regards promotions and considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed in sink with the procedural and legal framework of the 2009 UNHCR annual promotions session, its methodology and to examine whether an irregularity vitiated a significant chance for promotion. The Applicant was not promoted due to the fact that at least 78 candidates had obtained a higher score during the evaluation process and no procedural irregularity with an impact on her status as well as a probability for promotion could be asserted. The Applicant refers to her previous career outside of UNHCR and alleges that this was not adequately taken into consideration. The Tribunal found that at the time of recruitment her previous career was reflected in the granting of an adequate grade and step (P-5/9).The Applicants’ argument that since she was shortlisted and interviewed for a position at the D-2 and that such an interview would recognize her skills and capacity to perform at a higher level, it is therefore irregular that the same candidate would not be considered as fulfilling the criteria for a D-1 level grade. The Tribunal stressed that the process of applications and postings is different from the annual promotions exercise and that the one is not indicative of the other.