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UNAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that UNDT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. UNAT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the UNAT Statute, however it considered the appeal on the basis that the Appellant was self-represented. UNAT rejected...

UNAT considered all the grounds of the appeal and held that the issue of whether the Appellant’s application was pre-screened by a Human Resources Officer was irrelevant to determine whether his candidature received full and fair consideration. UNAT held that the main issue for its determination was whether, at the time of application, the Inspira system had provided all of the correct options to the Appellant. UNAT held that this was a factual determination which, without relevant evidence, could not be made. UNAT held that UNDT failed to enquire as to what options were available in the...

UNAT held that the Appellant’s identity was probably known by the assessment panel at the time her test was marked. UNAT held that the Appellant’s test was graded by the assessment panel after it had sent the transmittal memorandum to the Central Review Panel (CRP), creating the additional burden for the Appellant of having to persuade the assessment panel to change its original recommendation in the transmittal memorandum. UNAT held that, as the candidates recommended in the transmittal memorandum did not have this additional burden, it could not be said that all candidates received equal...

UNAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. UNAT noted that the Appellant had had access to the Inspira Applicant’s Manual and World Higher Education Database, which was embedded into Inspira. UNAT held that the Appellant’s argument that UNDT failed to implement the UNAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

UNAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant’s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. UNAT held that UNDT did not make any errors of law or fact in dismissing the Appellant’s challenge of the decision not to consider or select him for the position. UNAT dismissed the appeal and affirmed the...

UNAT held that the reason upon which UNDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. UNAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by UNDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the UNDT judgment. UNAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by UNDT. UNDT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. UNAT remanded the matter back to a different judge of the UNDT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.

UNAT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. UNAT held, recalling the Spinardi jurisprudence (judgment No. 2019-UNAT-957), that the decision on the Appellant’s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the UNAT Statute. UNAT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. UNAT allowed the appeal and set aside the ICAO Secretary-General’s and/or the AJAB’s...

As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT’s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...