Judgment

The Organization cannot be held responsible for incorrect information entered by the Applicant that resulted in his screening out of the recruitment process. The lawfulness of the screening out of the Applicant’s candidature does not hinge on whether the Administration knew or could/should have known that the Applicant’s degree was of a higher level than the one indicated in his PHP. The issue of whether the Applicant’s candidature was pre-screened by a Human Resources Officer is irrelevant in determining whether his candidature received full and fair consideration. Hence, implicitly...

A roster is a temporary pool of candidates who were not selected for an advertised position but recommended for it immediately after a competitive recruitment exercise. They are therefore considered pre-approved candidates available for further selections. The provision of rosters is an exception to the general principle that only successful candidates of a competitive recruitment process can be recruited for advertised positions. The institution of rosters is in general allowed in the interest of the Organization, which can so cover staffing needs without a new competitive process being...

The Tribunal found that the cancellation of the selection exercise in question on the ground that there was a breach of confidentiality in the recruitment process was a reasonable exercise of discretion. The Tribunal rejected the Applicant’s claim that the decision was tainted by gender discrimination as such claim was not supported by evidence. Regarding the second selection process, the Tribunal found that the Applicant was afforded a full and fair consideration as he was recommended as a suitable candidate, was ranked second in preference, and was not selected as the first recommended...

Nowhere in the Policy is using interviews or written test to appraise the competencies and/or qualifications of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when “the appointment of an external candidate is being considered” as it is stated that in such circumstances “the applicants (external and internal) selected by the manager will be interviewed” (emphasis added). It is further stated that a “[w]ritten test may be required” (see sec. 71). No matter what the Applicant’s status was at the time of the selection process, the fact that the UNHCR...

For the purpose of determining eligibility for a SPA, the Applicant performed higher level functions from the date of the issuance of a vacancy announcement for the higher-level post until the selected candidate assumed the higher-level post. As he performed the higher-level functions for less than four months, the Applicant failed to meet the eligibility criteria under ST/AI/2003/3. The Applicant did not satisfy the criteria for SPA and that the Administration’s decision not to pay it was lawful.

The ABCC rectified the procedural irregularities as directed by Judgment No. UNDT/2019/019 in its reconsideration of the Applicant’s claim. The ABCC received and considered a medical opinion of the medical doctor of MSD, who reviewed medical reports submitted by the Applicant along with his prior medical history. While the Applicant made allegations of improper considerations, he did not provide any supporting evidence and these allegations are without merit.

The Tribunal considered that despite the Applicant’s characterization of the contested decision as a “written reprimand” in his request for management evaluation and in his application, there was never a reprimand issued by an authorized official and, thus, there was no administrative decision to contest. The Tribunal, therefore, found that the application was not receivable ratione materiae. The Tribunal also noted that since the record related to the investigation of a complaint made against the Applicant was deleted from the Misconduct Tracking System (“MTS”), the Applicant’s claim in this...

The Tribunal observed that the Organization had decided not to renew the Applicant’s appointment following his being declared persona non grata in Sudan. In practical terms, this could have necessitated redeployment of post, reassignment, administrative leave or, ultimately, non-extension of the appointment. Therefore, the Applicant’s claim to remain in office in the country where he was unwelcome was, in any event, unfounded. The Tribunal, further found that the Organization had fulfilled its legal obligations towards the Applicant and the impugned decision was lawful. Consequently, the...

The United Nations Dispute Tribunal had no jurisdiction to adjudicate on the Applicant’s dispute with ICAO.

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...