¹ú²úAV

The Tribunal noted that, on 12 January 2018, the Deputy Director of the UNOPS People and Change Group, in a telephone call, informed unequivocally the Applicant of the contested decision. The Applicant claimed that he was only officially made aware of his non-selection for the post when a formal announcement was made on 1 March 2018, which stated that another candidate had been chosen for the position. The Tribunal found that this claim was ill-founded, as a verbal unequivocal communication is sufficient for the purpose of staff rule 11.2(c) (see Auda 2017-UNAT-746). The Tribunal considered...

The Applicant applied for JO 57267 as a former staff member, and in the same capacity he filed his challenge to the non-selection decision for JO 57267. There was no nexus between the Applicant’s former employment with UNHCR and his standing as an applicant for JO 57267. The alleged fact that UNHCR in their recruitment processes applied the legal fiction of treating former staff members as internal applicants for a period of time, did not create a nexus extending over any other recruitment processes, such as the contested one.

The Tribunal noted the uncontroverted evidence that the Applicant gave unsolicited responses in line with the Panel’s questioning format which he seems to have been privy to. The Panel had no opportunity to ask him questions in areas such as gender since he gave successive examples in different aspects of the interview areas in a short time span. This evidence supported the finding that the Applicant’s conduct did not facilitate his meaningful engagement with the Panel beyond what took place. He could not argue therefore that the Panel did not probe to elicit more appropriate examples from him...

The Tribunal found that it lacked jurisdiction to review preparatory steps of an administrative decision and rejected the application as not receivable.

The Respondent produced adequate contemporaneous written documentation to minimally show that the Applicant received a full and fair consideration pursuant to Lemonnier and Verma. The Applicant failed to rebut this with clear and convincing evidence, noting that the contested non-selection decision was solely based on him failing this written test and that no evidence on record points to any ulterior motives.

The Tribunal reviewed the application and found that it was not receivable ratione temporis. The Tribunal noted that while the Applicant contested four decisions that took place in 2014 and 2015, she only filed an application with the Tribunal in January 2020, that is around five years later. The record showed that the Applicant requested management evaluation of the contested decisions on 30 January 2020. She received a response on 31 January 2020 informing her that her request was time-barred. The same day, she filed an application before the Tribunal. In accordance with art. 8.4 of the...

The Tribunal found that the Applicant became aware of the contested decision on 21 February 2019. She requested management evaluation on 27 April 2019 and she was late by 5 days. Since the request for management evaluation was time-barred, the application before the UNDT was not receivable.

The Applicant does not show, or even allege, any exceptional circumstances which may have precluded her from timely accessing the invitation email to the written test. Accordingly, the Applicant has not shown that the Administration denied her full and fair consideration. The decision that the Applicant was ineligible signified the end of the process as far as she was concerned. This decision cannot be described as merely preparatory and was therefore reviewable.

In UNDT/NY/2019/012, the Applicant failed to request management evaluation of the contested administrative decision within 60 days and the application in this respect is therefore not receivable. In UNDT/NY/2018/045, the Applicant only learned the real reasons underlying the decision not to select him for the position at the management evaluation stage. Therefore, he was allowed to introduce arguments concerning these reasons in his application before the Dispute Tribunal even if he had not raised them at the management evaluation stage. The Administration decided to select two female...

The Applicant was not a staff member at the time of the contested decision, and her former employment was with a different entity than that concerned by the administrative decision under review in this case. No nexus existed between the Applicant’s former employment with the Organization and the administrative decision under review, and the Applicant has therefore no standing to challenge this decision. The cancellation of a selection process is not a challengeable administrative decision. In this case, the canceled job opening was eventually re-advertised and the Applicant eventually selected...