UNDT/2020/134, Arango
The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.
The Applicant contested the UNHCR’s decision to not select him for a P-3 Resettlement Officer Position.
According to the jurisprudence of the Tribunal, in staff selection matters, the starting point is the presumption that official functions have been regularly performed. This presumption is satisfied where management minimally shows that the staff member’s candidature was given fair and adequate consideration. Once management satisfies this initial requirement, the burden shifts to the Applicant to show through clear and convincing evidence that he was not given fair and adequate consideration.
The Applicant was awarded compensation in the sum of six months’ net earnings.