UNDT/2010/084

UNDT/2010/084, Teferra

UNAT Held or UNDT Pronouncements

The decision by the Chief of the Human Resources Services Section (HRSS) to discontinue the selection process without a proper determination that the recruitment procedures had not been followed precisely was an abuse of the Administration’s discretionary authority. While the Applicant had only been “recommended” for the post by the ASP and had not been “selected”, the serious procedural irregularity that resulted from the Chief of HRSS’ actions prevented his candidacy from proceeding to the central review body and therefore amounted to a violation of his rights. The decision was an abuse of the Administration’s discretionary authority and violated the Applicant’s right to due process.

Decision Contested or Judgment/Order Appealed

The Applicant contests a decision by ECA to re-advertise a post after cancelling an earlier selection process for the same post, after the Applicant had been recommended by the Advisory Selection Panel (ASP) as the most suitable candidate for the post.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The application was granted.

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.

Full Judgment

Applicants/Appellants

Teferra

Entity

Case Number(s)

Tribunal

Registry :