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The Head of Office acted within his authority in effectively overriding the recommendation of the APC, as provided for by Annex 4G, para. 28(a)(iii). The relationship between the SAP and the APC is sequential, not hierarchical; the judgment of one is not superior to the judgment of the other. The Head of Office is not bound to accept the recommendation of one over the other. The Head of Office is bound to exercise his independent judgment after giving careful consideration to the recommendations made to him and explaining why he preferred one candidate to another. The Head of Office did not...

The apportionment of points was not done fairly or objectively in two respects:- Experience: logically, either both the Applicant and the selected candidate should have received the maximum 50 points or the Applicant should have been given more than the selected candidate.- Languages: the Applicant’s had five less points than the selected candidate. An objective evaluation would have given her more. Outcome: The Tribunal found that evaluation of the Applicant’s candidacy for the concerned position was not carried out in a full and fair manner and awarded her compensation in the amount of 4...

UNDT held that the decision not to select the Applicant was appropriately reviewed by the JAB panel and therefore proper. UNDT held that the requirement of relevant experience was appropriate and necessary for this particular vacancy and that the selection process was conducted in a proper manner. UNDT held that the JAB panel addressed the appropriate legal principles and that, in applying those princples to the facts of the case, it asked the correct questions and considered the appropriate authorities. UNDT held that the Applicant failed to satisfy it that there was any material irregularity...

The filling of the Post with the ultimately-successful candidate cannot be characterized as a “transfer”, be it lateral or not. The ultimately-successful candidate was therefore rather selected for the Post. Simply stated, the Post did not qualify as a lateral transfer. The Respndent employed the wrong procedure. The Applicants, although ranked behind the initially-successful candidate, were also “suitable” candidates for the Post. The Tribunal finds that the selection exercise for the initially-selected candidate was improper. The Applicants having been deemed by the Tribunal as suitable...

Having examined the documents and having heard the evidence from the PCO of the selection panel, the Tribunal is satisfied that there was no material irregularity in that all relevant procedures and guidelines were followed. The JAB panel’s examination of the facts is not tainted by procedural error or bias. The application before this Tribunal fails and is dismissed.

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.

Of the 128 candidates who applied for the post, three were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The UNDT found that the advertised position was not a generic job opening but a position-specific job opening. The UNDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that...

SummaryThe Tribunal concluded that the selection process was procedurally flawed for the following reasons: a. the job opening did not identify the specific assessment method to be used for the evaluation of the technical skills during the selection process;b. the selection panel did not include an expert on Russian language and a non-voting member representing the Assistant Secretary-General, Office of Human Resources Management, which the Tribunal considered was necessary in accordance with ST/AI/1998/7;c. the selection panel did not assess the short-listed candidates through an assessment...

Were the rules followed correctly to assess the relevant professional experience of the Applicant for the advertised JO? The standards and principles in ST/AI/2010/3 governing the selection of international staff, to some extent, apply by reference to the recruitment for NPO posts. Authority to assess candidates’ eligibility In her capacity as CCPO of UNFICYP, Ms. Kaddoura was entitled to verify whether the candidates for the Position met the minimum requirements specified in the JO. She was also bound to correct any errors discovered in the process. Application of the JO requirements The...

The Tribunal found that the facts of the case created a situation in which a fair-minded observer would have concluded that there was a real possibility that the presence of that senior official on the interview panel would lead to a reasonable perception of bias. It was thus unreasonable for that Panel member not to, at least, have raised the matter of a perceived conflict of interest with the panel and, ultimately, not to have recused himself from sitting on it. However, since there was no evidence that the presence of the senior manager had an impact on the outcome of the selection process...