UNDT/2023/135, Kirby
The Tribunal found that the Applicant failed to show by clear and convincing evidence that she was denied a fair chance of promotion. The contested decision was lawful as the Administration appropriately exercised its discretion in matters of staff selection. The Tribunal found no evidence to support the Applicant’s view that her involvement with “contentious” discussions with DGACM management as a Staff Union representative has any bearing on the interview process for the contested position.
The Applicant, now a Senior Reviser at the P-5 level in the English Verbatim Section, Meetings and Publishing Division, Department for General Assembly and Conference Management (“DGACM”), based in New York, contested the decision not to select her for the position of a Senior Reviser/Project Manager, at the P-5 level, in the English Translation and Editorial Service of the Documentation Division, DGACM
When reviewing matters of staff selection, 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 full or adequate and fair consideration” (see, Abbassi 2011-UNAT-110). Acting fairly means that proper procedures were followed and the decision is not tainted by improper motives, which shall include bias and or discrimination. Further, the Administration shall not act in a capricious or arbitrary manner. The Tribunal shall interfere with a decision which it finds to be absurd or perverse (see, Sanwidi 2010-UNAT-084, confirmed in many subsequent cases, including in Kinyanjui 2019-UNAT-932).