2022-UNAT-1199, Nazma Banaras Khan
UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in finding that the Administration was not legally allowed to consider seniority or career advancement in the selection process. UNAT held that it was entirely proper to make a choice between two recommended candidates based partly on their respective seniority and time already served at a particular grade. UNAT held that UNDT also erred in essentially reversing the burden of proof by requiring the Secretary-General to show that the factors considered were explicitly provided for in the legal framework rather...