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The UNDT found that the Applicant’s contract was not terminated but, instead, it was not renewed after its date of expiration. As termination indemnity was payable to staff members upon termination of their appointment and not in cases of non-renewal, the Applicant was not entitled to such payment. With respect to the interest on reimbursement for unused annual leave days, the UNDT found that, while that reimbursement amount was held by the Organization pending completion of the Applicant’s separation paperwork, it accrued interest which is payable to the Applicant. With respect to the payment...

Due to the fact that the Applicant had not been rostered following the completion of the initial post selection, he was not eligible for consideration to be selected upon the transfer of the first selected candidate under art 10.4 of ST/AI/2006/3. The selection of a candidate “from the list endorsed by the central review body with respect to the particular vacancy” is a new separate administrative decision and therefore none of the Applicant’s rights were breached by this new selection. Consequently, the Applicant lacks standing to contest the second separate and individual administrative...

Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that “[s]eparation as a result of … expiration of appointment … shall not be regarded as a termination within the meaning of the Staff Rules”. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...

Suspension of selection process: In view of the broad discretionary authority of the Secretary- General in the organization of services, he may at any time before a candidate has been notified of his/her selection, suspend a selection process. However, he must have a legitimate ground to do so.30-day and 60-day candidates: Pursuant to ST/AI/2006/3, 30-day candidates must be considered before 60-day candidates.Cancellation of a vacancy announcement: The Administration has the obligation to put an end to a selection process vitiated by irregularities. However, it commits a fault for which it...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal found that the decision was illegal and ordered that it be rescinded, and that the Applicant be granted USD3,000 as compensation for the material damages. Administrative decision/receivability ratione temporis The preliminary determination by an Interview Panel that a person is not eligible to apply for a vacancy announcement does not produce direct legal consequences and as such does not constitute an administrative decision for the purpose of staff rule 11.2(c) and art. 2(a) of the Tribunal’s Statute. The statutory time-limit of staff rule 11.2(c) only starts to run once a final...

Staff rule 12/3(b) – exception to staff rules: The Tribunal held that under the unique circumstances of this case, that is, the requests from MINURSO recognizing the Applicant’s suitability for the post and the Mission’s dire operational needs, for the Respondent to have properly complied with staff rule 12.3(b), the Applicant’s existing educational qualifications along with his professional qualifications and language skills should have been considered regardless of whether or not they were equivalent to a high school diploma.

With respect to the first contested selection process, the UNDT found that the Applicant was properly considered for it but was determined as not suitable. With respect to the second contested selection process, the UNDT found that the Respondent’s explanation that the post was not filled due to reasons not related to the Applicant’s candidacy was credible. The UNDT rejected the application.

As regards her e-Pas reports, the Tribunal found that the ratings resulting from the rebuttal processes had replaced the initial ratings and that hence the e-Pas reports cannot be annulled. Concerning the inclusion in the OSF of documents arising from the rebuttal processes relating to her e-Pas reports, the Tribunal found that only the documents specified in ST/AI/2002/3 and ST/AI/2010/5 are to be included in her OSF. It also found that the irregularities in relation to her e-Pas reports were of such gravity as to render them meaningless and that they are thus not be included in her OSF. The...

Of the 153 candidates who applied for the post, five 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...