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The High Commissioner is not bound to follow the recommendations of the Appointments, Promotions, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is up to the administration to establish the list of promotions to put in place regulations to reconcile the two imperatives of advancement on merit and that of gender parity, if necessary by establishing quotas. Failing to have such regulations in place, the administration must apply the regulations in force. .Article 10, paragraph 5, of the Tribunal's...

The High commissioner is not bound to follow the recommendations of the Appointments, Promotion, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the 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. It is up to the...

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...

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...

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.

The Tribunal found that the appeal against the first decision was both time-barred and without merits, and that the appeal against the second decision was time-barred. The Tribunal further concluded that the respondent had properly exercised his discretionary authority in deciding not to refer the investigation panel’s findings to the ASG/OHRM. Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal and the time limits for appeal start running from that first decision. Subsequent refusal decisions are...

The appeal is withdrawn and the case is closed.