UNDT/2013/105

UNDT/2013/105, Mubiru

UNAT Held or UNDT Pronouncements

Selection processes: An appointing officer may decline to make an appointment where a selection process is marred by irregularities. It is within the competence of a program manager to set up a new interview panel where an initial interview panel has failed to properly discharge its mandate. While a candidate to a post has no right to be selected, he or she has every right to be fully and fairly considered for the post.Recommendation for a post is not the same thing as selection; while there is discretion in selection, there is no discretion in recommendation. Central Review Bodies: The Administration is bound to follow the Organization’s own rules and procedures; therefore failure to submit a selection process to review by the Central Review Body constitutes a grave irregularity in the process as such review is a procedural and legal requirement

Decision Contested or Judgment/Order Appealed

The Applicant filed an Application contesting three decisions and irregularities occasioned in a selection process; 1.) The decision by the Registrar of the ICTR not to select him on promotion for the post of Appeals Counsel, P-4. 2.) The decision by the ICTR prosecutor to constitute a new interview panel and 3.) The decision not to recommend or select him for appointment after a second interview was conducted.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT awarded financial compensation only.

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

Mubiru

Entity

Case Number(s)

Tribunal

Registry :