2015-UNAT-536, Zhao, Zhang and Xie
UNAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, UNAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are “clearly” superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to select the candidate. UNAT, therefore, rejected the Secretary-General’s contention that a specific written analysis comparing the qualifications and experience of the recommended candidate and Ms Xie was not required at the time the Hiring Manager submitted the recommendation memorandum to the Director-General of UNOG. UNAT dismissed the Secretary-General’s appeal and affirmed the UNDT judgment.
Three staff members, all interpreters at the P-4 level in the Interpretation Service, UN Office at Geneva (UNOG) contested the decision not to select him or her for an advertised position of Senior Interpreter at the P-5 level. UNDT found that the selection process had been marred by several irregularities, including, among others, that the Hiring Manager’s conversion of the panel’s rating to the Inspira rating scale had resulted in a distortion of the candidates’ ratings, that the panel had given misleading instructions to interviewees, and that the Hiring Manager had failed to indicate in the recommendation memorandum how the qualifications and experience of the recommended candidate were clearly superior to those of Ms Xie, as a female candidate, in breach of Section 1. 8(d) of ST/AI/1999/9. UNDT ordered the rescission of the selection decision and awarded in-lieu compensation in the amount of USD 3,000 to Mr Zhuang and USD 4,000 to Ms Xie as well as compensation for moral harm in the amount of USD 4,000 to each of the three staff members.
The obligation to submit a written analysis indicating how the qualifications and experience of the recommended candidate are “clearly” superior to those of female candidates who were not recommended refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to select the candidate, that the Hiring Manager must submit such written analysis.