Priority consideration

The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy UNDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...

The fact that the Applicant accepted a lower level post did not make his application moot. The Administration failed to fulfil its obligation to offer available positions at the same level of the abolished post. The Applicant sustained and continues to sustain a relevant loss of salary because the Administration failed to make good faith efforts to place him in one of the positions that he applied to at the P-5 level, positions for which he was duly qualified. The Administration also failed to meet its obligation to reassign the Applicant as a matter or priority to another post matching his...

UNAT disagreed and reversed the UNDT Judgment. The Appeals Tribunal explained that priority consideration is afforded only to redundant staff members holding permanent appointments who have the relative competence and skills for a particular job. Priority consideration is thus premised on candidates first establishing themselves as eligible and suitable for a position. Only then does priority consideration operate to permit their selection. To hold otherwise would require preference to be given to redundant staff members holding permanent appointments despite their lack of skills to...

UNAT considered an appeal by the Secretary-General. UNAT held that the central question before it was whether the Organisation complied with its obligation to Ms. El-Kholy to find her a suitable post. UNAT held that the Administration failed in its obligation to demonstrate that all reasonable and good faith efforts had been made to consider the staff member for available and suitable posts within UNDP before terminating her permanent appointment. UNAT held that the Administration’s obligation to find a vacant and suitable post did not shift to the Appellant, regardless of the following: her...

UNAT vacated UNDT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, UNAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

UNAT first agreed with the UNDT that the abolition of post was not a reviewable administrative decision. Second, UNAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member’s appointment. The staff member’s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a “dry cut.” A “dry cut” happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. UNAT disagreed and found that staff members should be “retained” in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years’ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, UNAT found because...