AV

UNDT/2016/125

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UNDT/2016/125, Hosang

UNAT Held or UNDT Pronouncements

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The UNDT found that the Applicant was given full and fair consideration in the selection process. However, the UNDT found that the selection exercise was unduly delayed, and that the Applicant was entitled to compensation for the significantly delayed recruitment exercise and for the loss of additional employment opportunities in connection with the delayed placement on the roster of pre-approved candidates for relevant G-5 posts.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member with the Department of Field Support (“DFS”), filed an application contesting the decision not to select him for the G-5 level post of Records Assistant, DFS.

Legal Principle(s)

The United Nations Appeals Tribunal has consistently held that the role of the Ethics Office under ST/SGB/2005/21 is limited to making recommendations to the Administration and that such recommendations do not in themselves affect terms of appointment of staff members. the review made by the Ethics Office is not a substitute to the internal system of justice, which includes the Dispute Tribunal. Therefore, filing of a complaint with the Ethics Office does not replace the requirements of the Tribunal’s Statute, its Rules of Procedures, and the Staff Rules. Any administrative decisions subject to the review of the Ethics Office always precede the review and recommendations/advice of the Ethics Office and are directly appealable within the relevant jurisdictional requirements. A complaint to the Ethics Office, if any, can be submitted either before or after an appeal before the UNDT, if any, regarding the same decision which is subject to the Ethics Office review, but it cannot, in and of itself, waive and/or suspend the time limits for appeal.

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
Hosang
Entity
DFS
Case Number(s)
UNDT/NY/2016/10
Tribunal
UNDT
Registry
New York
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Compensation
Due process
Delay
Staff selection (non-selection/non-promotion)
Applicable Law
UNDT Statute