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The UNAT dismissed the appeal. It held that the UNDT erred in its consideration of the Administration’s assessment of Mr. Ponce-Gonzalez’s experience against the evaluation criteria; the UNDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that “none of the rostered candidates had met all of the required and desirable criteria of the job opening”, and concluding that “at least one of the rostered candidates (the Applicant) met and exceeded all criteria”. In so doing, the UNDT improperly appropriated the discretion of the Secretary...

The UNAT agreed with the UNDT that the Administration had shown that Mr. Mirella’s candidature was given full and fair consideration which satisfies the presumption of regularity, and that Mr. Mirella has not proven through clear and convincing evidence that he was denied a fair chance. The UNAT reviewed Mr. Mirella’s contention that the UNDT erred in finding that his exclusion from the shortlist was in compliance with Section 7.4 of ST/AI/2010/3 (Staff selection system). Specifically, the UNAT evaluated Mr. Mirella’s argument that the Hiring Manager erroneously found that he did not meet the...

Whether the Applicant had a right of return A Human Resources Factsheet, issued for Umoja users, provides that at the end of a loan period, the staff member concerned is expected to return to the Secretariat unless he/she resigns his/her Secretariat position to transfer to the receiving organization. Such practice has been clearly confirmed by the Appeals Tribunal in Iskandar (see Iskandar 2012-UNAT-248). Accordingly, while the Applicant’s lien on his former post may have been surrendered in accordance with the Administration’s decision of 9 September 2009, he retained a return right to OCHA...

The Applicant was not eligible to apply for and participate in the selection process for the Post because, after she passed the G to N exam, she was offered a YPP placement, and refused that YPP placement. The Tribunal finds that the Applicant, a General Service staff who was no longer on the list of “successful candidates” for the competitive examination, was therefore not eligible to apply for and participate in the selection process for positions in the Professional category, including the Post. The decision to exclude the Applicant from the selection procedure for the Post was therefore...

Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO’s) presence in the other CBIs gave them a better chance.  Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature.   The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request.  The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening.  The...

The Applicant had no standing to contest the modality of a further recruitment process. Absent a reviewable administrative decision, the application was not receivable with respect to the principal claim. As the administration acted within the scope of its discretion, compensation was not due.

UNAT held that UNDT was correct when it found that the Appellant should not have been treated differently from other candidates without justification and that proceeding in the manner suggested by him would have breached the other shortlisted candidates’ rights to fair and full consideration. UNAT held that the only logical conclusion to be drawn was that UNDT was correct in its finding that there was a regrettable error in the temporary job opening when it exempted the previously rostered candidates from any further assessment, and that this error was later rectified when all short-listed...

UNAT considered an appeal by the Secretary-General. UNAT held that Ms. Caucci’s situation differed from the UNDT Judgment in Tran Nguyen (UNDT/2015/002) and therefore it was erroneous for the UNDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. UNAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

Mr. Krioutchkov appealed. UNAT found that the UNDT correctly held that the timing of the written test was justifiable in that holding the test at a set hour worldwide was a rational way of avoiding leaks of the test materials. The inconvenience to the Administration of accommodating different test schedules outweighed the inconvenience of Mr. Krioutchkov being required to adjust his schedule. The scheduling decision was accordingly reasonable. Moreover, having refused to participate in the written examination, Mr. Krioutchkov was estopped from challenging the non-selection decision. UNAT found...