UNDT/2012/123

UNDT/2012/123, Neault

UNAT Held or UNDT Pronouncements

Starting date of the 90-day time limit to file an application: The UNDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration’s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case officers on building vacancy announcements and evaluation criteria under ST/AI/2006/3/Rev.1 that the criteria to be used in evaluating candidates must be clearly stated in the vacancy announcement.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the ICTY, challenges the decision not to select her for a post of Judges’ Assistant in Chambers on the grounds that she had an apparent conflict of interest due to her former association with the Office of the Prosecutor. She received a response to her request for management evaluation after the expiry of the response period and she filed her application within 78 days from the receipt of this late response. The UNDT found that the application was receivable and that the Administration had erred in basing the non-selection decision solely on the criterion of appearance of a conflict of interest since this criterion had not been mentioned in the vacancy announcement. It awarded the Applicant 2,000 euros as compensation for her moral damage.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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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

Neault

Entity

Case Number(s)

Tribunal

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