AV

UNDT/2018/100

UNDT/2018/100, Mutune

UNAT Held or UNDT Pronouncements

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, UNAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant’s contention, there were no procedural irregularities in the selection exercise. Candidates who had applied to both job openings were informed that they were required to only participate in one written assessment. This was done in order to facilitate the recruitment process for which a combined one thousand nine hundred and thirty-five (1,935) applications were received. The Applicant’s claim of loss of career opportunity was without merit. She bore the burden of substantiating the pecuniary and/or non-pecuniary damages that she claimed to have suffered as a consequence of the contested decision. The Applicant did not provide any evidence to show that she suffered any loss of career opportunities as a result of the contested decision. Her contention was speculative at best.

Decision Contested or Judgment/Order Appealed

The Applicant challenged challenged the recruitment process pertaining to two Generic Job Opening (GJO) Roster positions that she had applied for.

Legal Principle(s)

The Secretary-General has broad discretion in the selection and appointment of staff. The basis for this discretion is found in the Charter of the United Nations which establishes the framework for staff selection through a general grant of authority to the Secretary-General. Specifically, article 101.1 of the Charter provides that “[t]he staff shall be appointed by the Secretary-General under regulations established by the General Assembly.” Staff regulation 4.1 confirms that “the power of appointment of staff members rests with the Secretary-General.” In Toropin, Judgment No. 1477 (2008), the former United Nations Administrative Tribunal (UNAdT) observed that “[i]t is a well-recognized tenet of the TribunalNULLs jurisprudence that the Secretary-General enjoys great latitude in the selection and promotion of his workforce.” The official acts of the Respondent enjoy a presumption of regularity. The SecretaryGeneral is vested with a wide discretion to select staff members for positions within the Organization. It is within the discretionary authority of the Secretary-General to evaluate job applicants’ qualifications for positions. The Dispute Tribunal will not substitute its own judgment for that of the SecretaryGeneral. Selection for a position is a competitive process.

Outcome
Dismissed on merits

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.

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