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UNDT/2019/155

UNDT/2019/155, Abou Hanna

UNAT Held or UNDT Pronouncements

Since the selection process did not yield a selection list, the Tribunal found that there was no administrative decision for the Applicant to contest. In the circumstances, the application was dismissed in its entirety as it was not receivable ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant was contesting the decision to cancel a Job Opening.

Legal Principle(s)

In cases of staff selection, where the selection process is not complete as in a case where an applicant is not placed on the short list and no candidate is recommended for that particular position, in those circumstances the administration has not made any decision that can be the subject of an appeal. Consideration of a selection process for purposes of determining whether a final decision was made or not should be based on the outcome. The question should be whether or not the outcome produced a recommended list for selection and not whether the process was suspended, or cancelled.

Outcome
Dismissed as not receivable

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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.

Applicants/Appellants
Abou Hanna
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