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The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (“OIOS”) (“the Post”) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (“SRG”) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

Fixed-term appointments of short and long duration: The distinction made by UNHCR between fixed-term appointments of long duration—i.e., fixed-term appointments of one year or more granted further to a competitive selection process, based on the advice of an Appointments, Postings and Promotions body—and fixed-term appointments of short duration—i.e., fixed-term appointments of less than a year granted without a competitive selection process and not endorsed by an Appointments, Postings and Promotions body—has its legal foundation in staff regulation 4.3 and staff rule 4.15 (and former staff...

The Tribunal held that the denial of the Applicant’s request for retroactive promotion was lawful. The Tribunal advanced the following reasons: a) It was legitimate for the ASG/OHRM to invoke a reason for denial of retroactive promotion that would have created technical problems and additional costs as pension contributions; b) The deninal of the Applicant’s request for a retroactive promotion was not unlawful because of the length of the selection process, given that the selection concerned a promotion for a D-1 position requiring utmost care in the examination and consideration of the...

The Tribunal found that UNMISS was incorrect when it restricted applicants to the TJO to staff already employed by UNMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant’s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant’s right to a full...

The record provided to Central Review Panel (CRB) was incomplete. The Tribunal therefore finds that the Respondent has failed to demonstrate with a minimal showing that the Applicant’s job candidature was properly assessed by a CRB. The Respondent has failed to demonstrate with a minimal showing that the Applicant received a timely notification of her application being unsuccessful. The general principle provides that the responses to a written test should be graded on an anonymous basis to give full and fair consideration to the job candidatures. Copying members of an assessment panel into an...