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CF/EXD/2013-004

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UNAT considered the receivability of the appeal, whether there was a procedural irregularity, and whether the Appellant was entitled to moral damages. UNAT held that the appeal was receivable because it was filed in a timely fashion, according to Articles 7 and 29 of the RoP. UNAT held that UNDT erred in law in finding that the Administration failed to properly notify the Appellant of her non-selection because she knew about her non-selection early enough to timely challenge the decision. UNAT found that UNDT erred in law and exceeded its competence in awarding the Appellant compensation as...

Full and fair consideration: In the absence of concrete, convincing evidence, the mere fact that it is possible, theoretically, to alter/tamper a written test will not suffice for the Tribunal to conclude that an Applicant’s candidature was not given full and fair consideration. Also, where no one of the people involved in the administration of the test had a motive to manipulate it, the Tribunal will not find that the decision had been influenced by extraneous factors. The burden of proof in these matters lies on the Applicant. Good management practice: The Administration should take measures...