����AV

UNAT considered an appeal by the Secretary-General limited to UNDT’s competence with regards to the nature of the redress granted to Ms Farr. UNAT held that UNDT exceeded its competence in ordering that Ms Farr’s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. UNAT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the impartiality of the Board members, their command of French, and fair treatment of the staff member. UNAT held that there was no basis to include Ms Farr’s name on the roster, given that she had not obtained the required number of points, and that awarding her more than she was entitled to constitute a benefit far beyond what was lawful. UNAT found no merit in Ms Farr’s submissions about a potential lack of anonymity or fair treatment if she were not to be directly placed on the roster. UNAT allowed the appeal, vacated the UNDT judgment with regard to the order that Ms Farr’s name be placed on the roster, and ordered the Administration both to set a new oral exam in French to be taken by Ms Farr and to take all the necessary appropriate measures, without delay, to afford her fair treatment.