¹ú²úAV

The Tribunal dismissed the application in its entirety. It held that the impugned decision was lawful because there was nothing on the record to suggest that the Respondent had acted outside the scope of lawful discretion in designing and conducting the selection process. In addition, the Applicant had not demonstrated that in his evaluation relevant material had not been taken into consideration.

The Tribunal found that the provided reason for not renewing the Applicant’s appointment was not properly based on facts and, consequently, that the contested decision was unlawful. To determine remedies, through a subsequent judgment, the Tribunal instructed the parties to file final submissions on the matter taking into account its findings in the instant Judgment.

The Tribunal’s role is not to substitute its decision for that of the Administration when it comes to the evaluation of job candidates. All that is required from the Administration is that it minimally shows that the Applicant’s candidature was given a full and fair consideration. The applicable legal framework allowed the consideration of gender and geographical diversity in the recruitment process.

The Tribunal reviewed the documents submitted by the parties as well as the Respondent’s clarifications on the anonymity of the test and found that the Applicant’s allegation that the candidates’ responses were not anonymized was not supported by the evidence. The Applicant argued that the assessment panel was not properly constituted in accordance with sec. 1(c) of ST/AI/2010/3 as only two individuals, none of whom are female, graded the test results. The Tribunal acknowledged that the three-member composition of the assessment panel provided in ST/AI/2010/3 is not mandatory, as the...

Non-renewal of the Applicant’s FTA Given the financial situation, the Tribunal finds that the challenged decision is not ultra vires, being for the administration to evaluate the opportunity to renew temporary contracts according to the financial situation of that time. The lawfulness of the non-renewal decision must be evaluated with reference to the situation of the moment in which the decision was taken. However, in presence of a contract whose effects remain for a longer period, and which do not require non-renewal notices, the reason constituting the ground of the administrative decision...

The Respondent did not select the Applicant for GJO 71792 because he failed a competency-based interview. Passing a competency-based interview is a lawful requirement envisioned by art. 101.3 of the United Nations Charter and set by the Staff Regulations and Rules that form an integral part of the Applicant’s terms of employment. The Respondent complied with all the relevant statutory requirements in the selection process leading to the contested decision. It was clear from the jurisprudence that the Applicant’s argument that the Administration should have considered his previous scores in...

A mere assertion that the Applicant did not receive the notification on 16 November 2016 did not satisfy the requirement to show compliance with statutory deadlines. The reasons given by the Applicant to extend the filing of his application contained a misrepresentation. He suppressed material facts concerning proof of when he received the Management Evaluation Unit notification and that he in fact was not engaged in any formal dispute settlement process with UNFIL involving the United Nations Office of Mediation Services as he alleged. The Applicant was under an obligation to make a full and...

The irregularities detected in the selection process were of such gravity—not keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications—that they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant’s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...

The Tribunal held that the facts arose from the Applicant’s former employment relationship with UNHCR. Accordingly, the Tribunal found the application to be receivable.

The record provided to Central Review Panel (CRB) was incomplete. The Tribunal therefore finds that the Respondent has failed to demonstrate with a minimal showing that the Applicant’s job candidature was properly assessed by a CRB. The Respondent has failed to demonstrate with a minimal showing that the Applicant received a timely notification of her application being unsuccessful. The general principle provides that the responses to a written test should be graded on an anonymous basis to give full and fair consideration to the job candidatures. Copying members of an assessment panel into an...