¹ú²úAV

The Secretary-General has broad discretion in the selection and appointment of staff. In matters of staff selection, it is the role of the Dispute Tribunal to review the challenged selection process to determine whether the applicable regulations and rules have been applied and whether a candidate has received full and fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration. The Tribunal’s role is not to substitute its decision for that of the Administration. The official acts of the Respondent enjoy a presumption of regularity. If the management is able to even minimally show that the applicant’s candidature was given a full and fair consideration, then the presumption of law stands satisfied. The burden of proof shifts to the applicant who can rebut the presumption of regularity by showing through clear and convincing evidence that he or she was denied a fair chance of selection. Even if the Tribunal finds that the procedure was not properly followed, such irregularity will only result in the rescission of a non-selection decision if the candidate would have had a significant chance of selection. An applicant cannot substitute his or her own evaluation method for that of the Administration. An irregularity in a selection process has no impact on the status of a staff member when he or she had no foreseeable chance of promotion or of being included in the roster. However, in a case where a staff member had a significant chance of promotion, the irregularity has a direct impact on the status of that staff member resulting in the rescission of the impugned decision. There must be a link between the irregularity in the procedure and the failure to recommend the Applicant.