UNDT/2019/166

UNDT/2019/166, Elias

UNAT Held or UNDT Pronouncements

At the time of the cancellation, the selection process had not been completed. The cancellation itself was an internal step to facilitate another lawful consideration, to wit, gender parity, within the selection process. It did not occasion the Applicant any direct legal consequences on his terms of appointment or contract of employment.

Decision Contested or Judgment/Order Appealed

The decision to cancel job opening (JO) 73064 for the position of GS-4 Security Assistant with UNSCOL.

Legal Principle(s)

In order to assume jurisdiction over a matter, the Tribunal must first determine, among other factors, whether there is an appealable administrative decision.; In cases of staff selection, where the selection process is not complete as in a case where an applicant is not placed on the short list and no candidate is recommended for that particular position, the administration has not made any decision that can be subject of an appeal.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Elias
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Duty Judge
Language of Judgment
Issuance Type