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UNAT considered the Secretary-General’s appeal. UNAT held that Mr Kucherov did receive full and fair consideration for the post which was finally filled by another candidate. UNAT found no flaw in the competitive selection procedure and agreed with the Secretary-General that the UNDT judgment contained errors of fact and law. UNAT noted that Section 7. 5 of ST/AI/2010/3, as amended, does not require a job opening to identify the specific assessment method to be used for the evaluation of technical skills. Rather, it provides that it may include a competency-based interview and/or other...

UNAT considered the appeal by the Secretary-General. UNAT rejected the Secretary-General’s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before UNDT. UNAT further rejected the staff member’s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. UNAT held that UNDT had not erroneously substituted itself for the Administration. UNAT held that UNDT’s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

UNAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. UNAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held...

UNAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. UNAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held that the Appellant had failed in his grounds of appeal...

UNAT held that pursuant to Article 30 UNAT RoP and considering the medical condition of Appellant’s counsel, it was in the interests of justice to grant the Appellant’s motion for an extension of time to file her comments on the Secretary-General’s motion to supplement his answer. UNAT accepted the Appellant’s comments on the Secretary-General’s motion as timely filed. UNAT denied the Secretary-General’s motion for leave to supplement his answer since his additional pleadings would not advance or assist with the disposal of the case. UNAT held that UNDT had very thoroughly considered the...

UNAT considered appeals from both the Secretary-General and Mr Chhikara. UNAT held that UNDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their “key” answers, which directly related to the written test which Mr Chhikara failed. UNAT held that, by rejecting Mr Chhikara’s request for the missing evidence and judging the case without it, UNDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. UNAT noted that the interests of justice and judicial economy may be...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP’s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. UNAT held that UNDT erred by conducting a de novo assessment of Ms Sarrouh’s performance and exceeded its competence. UNAT held that UNDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. UNAT held that UNDT erred in...

UNAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. UNAT held, in agreement with the UNDT’s conclusion, that the Appellant had failed to show that the Hiring Manager’s intervention in the preparation of the written test resulted in her non-selection for the contested post. UNAT held that the Appellant’s claim was fully and fairly considered by UNDT. UNAT found no fault in UNDT’s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant’s right...

UNAT held that UNRWA DT did not make any errors of law or fact in dismissing the Appellant’s application. UNAT found no reason to differ from the conclusion of UNRWA DT, that UNRWA could not have considered the Appellant as having the requisite international experience. UNAT held that UNRWA DT gave careful and fair consideration to the Appellant’s arguments regarding the required international experience for the post. UNAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. UNAT held that the...

UNAT held that UNDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. UNAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. UNAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. UNAT held that UNDT committed no error of law, fact, or...