UNDT/2009/064, Buckley

UNAT Held or UNDT Pronouncements

One of the elements that an application for suspension of action must show is that the contested decision “appears prima facie to be unlawful”, i.e. that there is a reasonably arguable case that the contested decision is unlawful. A merely reasonable (hence legitimate in ordinary parlance) expectation of a particular outcome is not the same as a legitimate expectation that gives rise to any legal rights, and will be insufficient to establish reasonably arguable unlawfulness. Outcome: The Judge held that there is an insufficient evidentiary basis for concluding even on a prima facie level that the contested decision of the Under-Secretary-General has been motivated by other than management considerations, and thus refused the application.

Decision Contested or Judgment Appealed

The applicant applied for a P-5 position. He was subjected to a lengthy selection process, and had been given to understand that, in the ordinary course, he would be appointed to the post. When it seemed that the applicant was on the verge of appointment, he was informed that the Under-Secretary-General had decided to re- advertise the post.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Full Judgment

Applicants/ Appellants

Buckley

Entity

Case Number(s)

Tribunal

Registry Location