UNDT/2016/013, Krioutchkov

UNAT Held or UNDT Pronouncements

Starting date for time limits: Time limits must be counted from the moment all facts necessary to the commencement of the case were known, or at least should have reasonably been known .Publication of vacancies: The Administration is uncontestably required to announce existing and foreseeable vacancies to be filled. If more than one vacancy is to be advertised under the same JO, the JO in question needs to clearly indicate so. Non-retroactive application of the Statute’s amendment: An amendment of the applicable rules cannot apply to an application filed prior to the entry into force of said amendment, and a change in rule cannot become binding before it is duly published.

Decision Contested or Judgment/Order Appealed

The Applicant contested his non-selection, based on the non-advertisement of a second post under Job Opening (“JO”) 12-LAN-UNOG-25120-R-Geneva (L), and the selection of a candidate without any competition under said JO. The Tribunal noted that the JO did not indicate in any manner that it covered more than one vacancy; hence, it concluded that the second post that was filled under this JO was effectively never advertised, which constitutes a serious procedural flaw. Accordingly, the Tribunal rescinded the decision, setting an alternative compensation of USD1000, and awarded USD4,000 to the Applicant as compensation for moral injury.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Both financial comp. and specific performance

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

Krioutchkov

Entity

ESCAP

Case Number(s)

UNDT/GVA/2014/57

Tribunal

UNDT

Registry

Geneva

Date of Judgement