¹ú²úAV

2013-UNAT-286

2013-UNAT-286, Charles

UNAT Held or UNDT Pronouncements

UNAT noted that the Appellant merely repeated arguments submitted before UNDT and recalled that an appellant has the burden of satisfying UNAT that the UNDT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. UNAT held that Secretary-General’s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. UNAT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for training in competency-based interviewing techniques and that, in any event, there was evidence before UNDT that two of the three expert panel members had received relevant training prior to the interview. UNAT affirmed the UNDT’s decision that the Appellant’s candidacy was done fully and fairly, that the selection process was not vitiated by any irregularity, and that the Appellant was assessed against objective standards which applied to each candidate who was interviewed. On the Appellant’s claim for compensation, UNAT held that there was no evidence of procedural irregularities and noted that, even if there were, an individual was not entitled to compensation if he or she did not suffer any harm. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested his non-selection for a post. UNDT dismissed the application.

Legal Principle(s)

Administrative issuances regulate matters of general application and directly concern the rights and obligations of staff and the Organisation. Rules, policies, or procedures intended for general application may only be established by duly promulgated Secretary-General’s bulletins and administrative issuances. UNDT has broad discretion to determine the admissibility of evidence and the weight to be attached thereto. A selection decision should be upheld when candidates have received full and fair consideration, when discrimination and bias are absent, when proper procedures have been followed, and when all relevant material has been taken into consideration. An individual is not entitled to compensation if he or she did not suffer any harm.

Outcome
Appeal dismissed on merits

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.