AV

UNDT/2020/068

UNDT/2020/068, Hejamadi

UNAT Held or UNDT Pronouncements

The Applicant does not show, or even allege, any exceptional circumstances which may have precluded her from timely accessing the invitation email to the written test. Accordingly, the Applicant has not shown that the Administration denied her full and fair consideration. The decision that the Applicant was ineligible signified the end of the process as far as she was concerned. This decision cannot be described as merely preparatory and was therefore reviewable.

Decision Contested or Judgment/Order Appealed

The Applicant’s exclusion from the selection process for the post of Finance and Budget Officer within the United Nations Environment Programme (“UNEP”).

Legal Principle(s)

The preliminary steps in a selection process may be challenged only in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the Dispute Tribunal. The Secretary-General has broad discretion in matters of staff selection. When reviewing such decisions, the Tribunal shall examine (1) whether the procedure as laid down in the Staff Regulations and Rules was followed and (2) whether the staff member was given fair and adequate consideration. The role of the Tribunals is to assess whether the applicable regulations and rules have been applied and whether they were applied in a fair, transparent and non-discriminatory manner. The Tribunals’ role is not to substitute their decision for that of the Administration. The starting point for judicial review is a presumption that official acts have been regularly performed. If management is able to minimally show that the applicant’s candidature was given a full and fair consideration, the burden of proof shifts to the applicant who then must show through clear and convincing evidence that he or she was denied a fair chance of selection.

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.

Applicants/Appellants
Hejamadi
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type