UNDT/2017/029 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2017/029, Riecan

UNAT Held or UNDT Pronouncements

The failure to consider the Applicant’s e-PAS reports and to address them especially in the context of the disparity between its ratings and those of the Applicant’s reporting officers on the same competencies and within the same organization was a serious flaw in the selection process. UNDT was satisfied that the panel met its requirement of asking probing questions, even if the report reflected it as “prompting” rather than “probing.” The absence of an ex-officio member on the assessment/interview panel by itself could not vitiate the selection exercise. The Applicant’s candidacy for the position of Chief, Development Statistics and Information Branch was not given full and fair consideration.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to recommend him for the position of Chief, development Statistics and Information Branch on Inspira.

Legal Principle(s)

Successful performance ratings shall be considered during the selection process for a staff member for a post at the same level or at a higher level, without prejudice to the Secretary-General’s discretionary authority to appoint staff members. Where the e-PAS reports of a staff member are available to an assessment panel in the course of a selection process, the panel has a duty to consider the e-PAS reports and reflect that consideration in its own assessment report. The absence of an ex-officio member on an assessment/interview panel does not, by itself, vitiate a selection exercise.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant was awarded 3-months net base pay as compensation.

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

Riecan

Entity

ESCWA

Case Number(s)

UNDT/NBI/2014/061

Tribunal

UNDT

Registry Location :

Nairobi