¹ú²úAV

2022-UNAT-1250

2022-UNAT-1250, Giuseppe Belsito

UNAT Held or UNDT Pronouncements

UNAT held that the undisputed breach of confidentiality in the selection process provided rational grounds for the cancellation decision. UNAT held that the fact that the Appellant had access to information about his test score and that he was perhaps seeking to influence the decision through the hiring manager, rendered the selection exercise problematic and unsatisfactory. UNAT held that the perception was unavoidably created that the Appellant was inappropriately favoured with access to information about a decision concerning his interests and in respect of which he enjoyed no authority, and the integrity of the process was manifestly compromised. UNAT held that the UNDT did not err in holding that the cancellation decision was rational and lawful and that there was no cogent evidence supporting the allegation that it was motivated by gender discrimination, improper motives or made in bad faith. UNAT held that the Appellant failed to discharge his burden to show that the UNDT erred on the facts or in law. UNAT held that the Appellant did not demonstrate any of the grounds for appeal in Article 2(1) of the UNAT Statute. UNAT dismissed the appeal and upheld the UNDT Judgment.

Decision Contested or Judgment/Order Appealed

The Appellant contested the decision to cancel the selection process for a post and his non-selection for the subsequently readvertised post. The UNDT concluded that it was reasonable for the Executive Director to have cancelled the initial selection process because of a breach of confidentiality in that process. Because Appellant's only ground for voiding his non-selection for the readvertised post was the alleged unlawfulness of the cancellation decision, UNDT held that this claim necessarily also failed.

Legal Principle(s)

It is within the discretionary authority of the Administration to cancel a recruitment procedure on rational grounds on account of irregularities occurring in the recruitment process or for reasons connected with the interests of service. In general terms, a tribunal ought not to interfere with the discretion to cancel a recruitment exercise for rational reasons, even when a candidate has been recommended but not yet appointed. Judicial review is directed not at the ruminations or thoughts of officials but at administrative decisions that become effective on communication.

Outcome
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.