UNDT/2020/049, Aktash
The Tribunal dismissed the application in its entirety. It held that the impugned decision was lawful because there was nothing on the record to suggest that the Respondent had acted outside the scope of lawful discretion in designing and conducting the selection process. In addition, the Applicant had not demonstrated that in his evaluation relevant material had not been taken into consideration.
The Applicant contested the Respondent’s decision to not roster him for a post at the P4 level, following his application to Generic Job Opening (GJO) 92358.
The Secretary-General has broad discretion in matters of staff selection. This includes the choice of the best evaluation method to assess the job candidates’ qualifications. Accordingly, the role of the Tribunal in staff selection matters is to review the impugned selection process to determine whether a candidate has received fair consideration in accordance with the applicable legal framework, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration.