UNDT/2011/172

UNDT/2011/172, Gordon

UNAT Held or UNDT Pronouncements

The Tribunal finds that the selection process was flawed but that the Applicant has not established a causal link between the irregularity and the harm he claims to have suffered. Assessing the legality of the contested decision: When the Administration decides to use a specific procedure, it is bound to fully comply with this procedure. Thus, if the Administration had determined that applications for a vacant position would be assessed by a panel of five members, all five panel members should have actually participated in the assessment, and the failure to comply with the procedure resulted in the unlawfulness of the whole selection process. Award of compensation: Compensation can only be awarded where there exists a causal link between the irregularity found and the alleged harm.

Decision Contested or Judgment/Order Appealed

The Applicant challenges the decision not to select him for a vacant post at level P-5. He submits that the selection process was tainted by several irregularities and that the selected candidate did not meet the requirements to be eligible for a P-5 position.

Legal Principle(s)

N/A

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.

Full Judgment

Applicants/Appellants

Gordon

Entity

Case Number(s)

Tribunal

Registry :