UNDT/2015/035, Garcia Iglesias

UNAT Held or UNDT Pronouncements

The Tribunal noted that, in fact, the selection procedure for the post had never been completed: a revised vacancy announcement (VA) for the same post was later re-advertised and the recruitment process was still pending. The Tribunal considered that the second VA was a continuation of the same selection process, for which a final decision had still to be made, hence the application was rejected as irreceivable as it was premature.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the decision to find her ineligible for a position she had applied for, hence excluding her from the next steps of the selection process.

Legal Principle(s)

Determination of ineligibility of a candidate for a vacancy: The decision to consider a staff member, who applied for a position, as ineligible based on the requirements stated in the vacancy, is in the context of an ongoing selection exercise for which no final decision has yet been made only a preparatory decision; therefore, it is not tantamount to a final and individual administrative decision directly affecting that staff member’s rights, and any challenge of that decision before the Tribunal is to be considered premature.

Outcome

Dismissed as not receivable

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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

Garcia Iglesias

Entity

UNLB

Case Number(s)

UNDT/GVA/2014/25

Tribunal

UNDT

Registry

Geneva