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UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered the Secretary-General’s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. UNAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with UNDP to take up an appointment with a different entity (UNV), thereby causing a break in service. UNAT held that this break in service should have led UNDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. UNAT further noted that Ms Carrabregu’s service to UNV could not be...

UNAT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the UNDT judgment. UNAT held that UNDT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. UNAT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. UNAT held that no compensation should be awarded to the Appellant, as no illegality or breach of...

UNAT considered the Secretary-General’s appeal and Mr Skourikhine’s cross-appeal. With respect to the Secretary-General’s appeal, UNAT noted that there is no requirement in Section 9. 4 of ST/AI/2010/3 for the head of department to first review all non-rostered candidates, and it had even been amended to specifically remove such a requirement. UNAT found that UNDT erred in law in deciding that the appointment of the rostered candidates was contrary to ST/AI/2010/3, as the decision to do so was entirely within the Administration’s discretion, and no abuse of that discretion has been...

UNAT considered Mr Wang’s appeal, specifically as to whether UNDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether UNDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. UNAT was satisfied that the evidence before UNDT supported the Administration’s decision to select Ms C. Y. for the post. UNAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...

UNAT considered the appeals of both Mr Rahman and the Secretary-General. With respect to Mr Rahman’s appeal, UNAT held that his non-selection for the D-2 post was lawful. UNAT found that UNDT very carefully examined the circumstances of Mr Rahman’s interview for the D-2 post and that Mr Rahman did not meet the burden of proof that he had been the victim of retaliatory acts during the selection procedure. UNAT held that Mr Rahman was therefore not entitled to compensation for damages resulting from his non-selection. UNAT found that UNDT correctly held that the decision to reassign Mr Rahman to...

The first issue UNAT considered was whether UNDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and UNAT found that UNDT did not err in this regard. UNAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the UN Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...

UNAT preliminarily denied the Appellant’s motion to submit an amicus curiae brief. On the merits, UNAT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. UNAT held that the appeal did not identify any errors in the reasoning of UNDT and found no basis for disagreeing with UNDT. UNAT dismissed the appeal and upheld the UNDT judgment.

UNAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, UNAT held that UNDT was the body best placed to assess a candidate’s chance of selection for placement on the roster. UNAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin UNDT’s assessment that the staff member’s chances were not in the realm of the speculative. UNAT held that there was no merit in the Secretary-General’s cross...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had erred in deciding that the non-renewal of the staff member’s contract was unlawful. UNAT held that the staff member was aware that a high school diploma was an essential qualification. UNAT held that his contract was conditional upon him producing proof of this qualification. UNAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. UNAT agreed with the Secretary-General’s submission that the decision not to renew was neither...