UNDT/2013/018, Sicat
UNAT Held or UNDT Pronouncements
The UNDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decisions of the Economic and Social Commission for Asia and the Pacific (“ESCAP”) not to select her for two temporary vacancies, one of which became available when one staff member went on special leave without pay (“SLWOP post”) and the other when another staff member went on maternity leave (“maternity leave post”). The Applicant also contested the decision to temporarily place an external candidate on the maternity leave post for a total period of three months until the post was filled through a selection process. The UNDT found that the selection processes for the SLWOP post and the maternity leave post were conducted properly and the decisions not to select the Applicant were lawful.
Legal Principle(s)
Judicial review of non-selection: The Secretary-General has broad discretion in matters of selection, promotion, and appointment and it is not the role of the Tribunal to substitute its own decision for that of the Secretary-General. However, the exercise of managerial prerogative is not absolute and the Tribunal may examine whether the selection procedures were properly followed or were carried out in an improper, irregular or otherwise flawed manner, as well as assess whether the resulting decision was tainted by undue considerations or was manifestly unreasonable.