UNDT/2013/093

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UNDT/2013/093, Terragnolo

UNAT Held or UNDT Pronouncements

The decision was taken on the grounds that the Applicant did not fulfill the educational requirements. The Applicant argued that the decision was made in retaliation of his activities as staff representative. The UNDT found that the decision was illegal since documentary evidence showed that the Administration applied the notion of “public administration” randomly and that based on the Applicant’s educational credentials, he ought to have been invited to participate in the examination in question. The UNDT found that the Applicant did not submit conclusive evidence that the decision was motivated by extraneous factors and particularly in relation to his activities as staff representative. The UNDT ruled that the decision not to convoke the Applicant to take the exam constituted a loss of chance which caused him material damages, meriting compensation. It also awarded compensation for moral damages.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member of the general service category, appealed the decision not to convoke him to the 2012 young professionals programme (YPP) examination for economic affairs.

Legal Principle(s)

Legality of decisions: Circumstances which happen after an administrative decision was taken have no bearing on the Judge’s assessment of the legality of that decision, which has to be undertaken exclusively in light of the facts existing at the moment the decision was taken.Discretionary power: Though at some stage of a selection procedure the Administration has discretionary power to select candidates, it had no such power at the stage at which the Applicant’s candidature was eliminated, since all candidates who met the requirements of the vacancy announcement, including the Applicant, had to be admitted to sit for the examination.Compensation/material damages: A lost chance to get on the list of successful candidates and ultimately to be selected and appointed to a P-2 post under the YPP, and as such to considerably improve one’s status within the Organization, may give rise to material damages warranting moderate compensation.

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

Only financial compensation

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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
Terragnolo
Entity
DGACM
Case Number(s)
UNDT/GVA/2013/2
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Duty Judge
Judge Cousin
Language of Judgment
French
Issuance Type
Judgment
Categories/Subcategories
Compensation
Loss of chance
Non-pecuniary (moral) damages
Pecuniary (material) damages
Applicable Law
Administrative Instructions
Related Judgments and Orders
2012-UNAT-205