UNDT/2021/115, MOULANA
Having reviewed the record, the Tribunal concluded that proper procedures were followed during the selection exercise and that the Applicant received full and fair consideration for the TJO# 136259. The record showed that the Applicant was shortlisted and invited for the interview and was subsequently recommended by the hiring manager to the Head of Mission for selection. However, the hiring manager proposed another candidate for selection as the most suitable candidate because that other candidate had received a higher rating for the competencies of Planning and Organizing and Client Orientation than did the Applicant. The Tribunal also noted that the selected candidate was more suitable than the Applicant, as evidenced by the comparative analysis report and the selection memorandum. The Tribunal held that the Applicant had produced no evidence of bias or any procedural breach in the selection process.
The Applicant contested UNMISS’s decision to not select him for the position of Requisitions Officer, advertised through Job Opening No. 136259.
The paramount consideration in the employment of United Nations staff is the necessity of securing the highest standards of efficiency, competence and integrity, and, for this purpose, competitive processes are to be applied. 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.