�山����

The Dispute Tribunal has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of judicial review, and when defining the issues of a case, may consider the application as a whole. Staff rule 9.6(e) only applies to terminations of appointments, not when a fixed-term appointment is not renewed. The role of the Dispute Tribunal is to determine if the administrative decision under challenge is reasonable and fair, legally and procedurally correct, and proportionate. The role of the Dispute Tribunal is not conducting a merit-based review, but a judicial review but rather a judicial review which is more concerned with examining how the decision-maker reached the impugned decision and not the merits of the decisionmaker’s decision. Promotion decisions are governed by the so-called principle of regularity. This means that if the Respondent is able to even minimally show that [an applicant’s] candidature was given a full and fair consideration, then the presumption of law stands satisfied. To rebut this minimal showing, the applicant must [then] show through clear and convincing evidence that [s/he] was denied a fair chance of promotion” in order to win the case. In terms of the discretion vested in the Administration under Article 101(1) of the United Nations Charter and Staff Regulations 1.2(c) and 4.1, the Secretary-General has broad discretion in matters of staff selection. In reviewing such decisions, it is the role of the Tribunals to assess whether the applicable regulations and rules have been applied and whether they were applied in a fair, transparent and non-discriminatory manner. The Tribunals’ role is not to substitute their decision for that of the Administration. Generally speaking, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the Dispute Tribunal shall uphold the selection/promotion.