UNDT/2020/143, Cicek
UNAT Held or UNDT Pronouncements
The Tribunal finds that the mere fact that the Applicant was not invited to a competencybased interview following the written assessment did not give rise to an administrative decision, and that such a step of the selection process may only be challenged in the context of an application against a specific decision with clear and direct legal consequences on the Applicant, such as the final selection decision. The Tribunal has accepted in the past that certain intermediate decisions in a selection process—such as when a candidate is found not suitable/ineligible for a given post— constitute administrative decisions that can be challenged without having to wait for the finalization of a recruitment. The Applicant’s case, however, is distinguishable from these precedents. At the latest, the Applicant became aware of his non-selection on 1 August 2018, when the successful candidate assumed functions, and there is no documentary evidence that the Applicant requested management evaluation of his non-selection, which was a mandatory first step to contest the outcome of the recruitment process. Accordingly, the Tribunal finds the application inadmissible and rejects it in its entirety.
Decision Contested or Judgment/Order Appealed
The Applicant, who participated in a recruitment process and took a written assessment without being subsequently invited for an oral interview, contests alleged “irregularities” in and “unlawfulness” of the recruitment process and complains about his non selection.
Legal Principle(s)
A request for a management evaluation is the first step in the appeal process of an administrative decision; this first step is mandatory.