2011-UNAT-175, Dualeh

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. UNAT held that the procedural irregularity had no impact on his non-promotion. UNAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. UNAT held that UNDT should neither have rescinded the decision nor awarded compensation. UNAT granted the appeal and reversed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to promote him. On the basis of a procedural irregularity, UNDT ordered rescission of the decision or compensation in lieu.

Legal Principle(s)

An irregularity in a promotion procedure will only result in the rescission of the decision not to promote an appellant when he or she had a significant chance of promotion.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Dualeh

Entity

Case Number(s)

Tribunal

Registry Location