2020-UNAT-1013, Belsito
A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by UNDT. UNDT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. UNAT remanded the matter back to a different judge of the UNDT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.
The staff member contested the decision to cancel a selection process and not to select him for the position. UNDT rejected his application.
The Administration is not under an obligation to pursue a recruitment process which is underway by filling the position which has become vacant; however, the rule is that, in filling the post, the Administration must proceed with the appointment of successful candidates in accordance with the recruitment results. The Administration may deviate from this rule for sound reasons, justifying its decision clearly and fully, i. e. on account of irregularities that occurred in the recruitment process or for reasons connected with the interests of the service.