UNDT/2011/101

UNDT/2011/101, Nyakossi

UNAT Held or UNDT Pronouncements

Receivability: Since the Applicant was a staff member of UNOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: UNHCR based its decision on the advice of UNDSS which did not grant clearance to the Applicant’s candidacy. However, UNHCR was not compelled to follow the advice of UNDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal. Compensation: In order to determine the amount of compensation to be granted, the Tribunal examined the Applicant’s chances to be retained in the roster of candidates, had no irregularity been committed. In the case at hand, it was considered that his chances were very weak. The Tribunal thus granted him an amount of CHF1,500.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member of UNOG at the G-3 level, contests the decision of the United Nations High Commissioner for Refugees not to retain him as a candidate in the roster for Field Safety Advisor positions at the P-3 and P-4 levels.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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

Nyakossi

Entity

Case Number(s)

Tribunal

Registry :