UNDT/2012/066 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/066, Asariotis

UNAT Held or UNDT Pronouncements

Suspension of selection process: In view of the broad discretionary authority of the Secretary- General in the organization of services, he may at any time before a candidate has been notified of his/her selection, suspend a selection process. However, he must have a legitimate ground to do so.30-day and 60-day candidates: Pursuant to ST/AI/2006/3, 30-day candidates must be considered before 60-day candidates.Cancellation of a vacancy announcement: The Administration has the obligation to put an end to a selection process vitiated by irregularities. However, it commits a fault for which it maybe held liable by taking more than three years after the issuance of a vacancy announcement to put an end to such process.

Decision Contested or Judgment Appealed

The Applicant, an UNCTAD staff member at level P-5, contests the decision to cancel the vacancy announcement for the D-1 post of Head, Trade and Logistics Branch, in UNCTAD, three and a half years after its issuance and after she was interviewed twice for it. The decision was taken by the Under-Secretary-General for Management based on the advice of the Geneva Central Review Board, which found that the selection process was flawed and that it could not endorse UNCTAD recommendation (which was not in favour of the Applicant). The Tribunal finds that in view of the numerous irregularities that tainted the selection process, the decision to cancel the vacancy announcement was lawful. The Tribunal further finds that the Applicant lost a chance of promotion (approx. 25%) and suffered moral injury as a result of the irregular and protracted selection process. Based on Hastings 2011-UNAT-109 (“damages should not exceed the percentage of the difference in pay and benefits for two years”), it sets the amount of compensation for loss of chance at CHF10,000. It further awards a lump sum of CHF15,000 for moral damage.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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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

Asariotis

Entity

UNCTAD

Case Number(s)

UNDT/GVA/2011/83

Tribunal

UNDT

Registry Location :

Geneva