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UNDT/2013/092

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UNDT/2013/092, Terragnolo

UNAT Held or UNDT Pronouncements

The decision was taken on the grounds that the Applicant had failed to submit the essay required by the vacancy announcement. The Applicant argued that the decision was taken in retaliation of his activities as staff representative. The Tribunal found that the decision not to convoke the Applicant to the examination was justified since he failed to submit the one-page essay in French, which was clearly an eliminatory requirement indicated in the vacancy announcement. The UNDT further found that the Applicant did not submit evidence in support of his claim that the decision was taken in retaliation of his activities as staff representative.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the decision not to convoke him to the 2012 examination of French editors.

Legal Principle(s)

Legality of decisions: Circumstances which happen after an administrative decision was taken have no bearing on the Judge’s assessment of the legality of that decision, which has to be undertaken exclusively in light of the facts existing at the moment the decision was taken. Competitive examinations: The decision to exclude a candidate from taking an exam on the grounds that he/she did not submit a one-page essay that was an eliminatory requirement in the vacancy announcement is justified under the terms of ST/AI/1998/7.

Outcome
Dismissed on merits

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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
Terragnolo
Entity
DGACM
Case Number(s)
UNDT/GVA/2012/88
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Judge(s)
Judge Cousin
Language of Judgment
French
Issuance Type
Judgment
Categories/Subcategories
Staff selection (non-selection/non-promotion)
Applicable Law
Administrative Instructions