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Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...

The UNDT did not err in deciding that Ms. Xing’s candidacy was given a full and fair consideration, in finding that the administrative instruction on gender parity (ST/AI/1999/9) did not apply in this case, and in not granting Ms. Xing’s request to amend her application. The UNDT has not been shown to have erred in requiring credible evidence of a clear and compelling nature of Ms. Xing’s allegations of ulterior motives, which was absent.

The Dispute Tribunal committed an error in procedure by relying on ex parte evidence in the form of three doctors’ notes, of which the Secretary-General received the translated copies only two days before the issuance of the impugned Judgment, in violation of audi alteram partem. The Dispute Tribunal failed to consider the “checks and balances to ensure transparency” instituted in established procedures as outlined in the Guidelines and the ability of the Applicant to raise timely concerns about potential bias after the interview. As there is no obligation to provide the names of the...

UNAT held that UNDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because UNDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. UNAT held that UNDT also erred in fact when it found that certain UNAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited UNAT precedents.

UNDT correctly found that Ms Mokrova’s application was not receivable ratione materiae because she filed a request for management evaluation beyond the 60 days of the notification of the contested decision by the Under-Secretary-General for DSS.

UNAT disagreed with UNDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General’s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. UNAT firstly held that UNDT erred when it ruled that the invitation e-mail respected the advance notice requirement. UNAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

UNAT agreed with UNDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. UNAT held that Mr Krioutchkov has failed to rebut the UNDT finding regarding the legality of the CRB process. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the UNAT jurisprudence. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT agreed and found the evidence on the record supports the UNDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, UNAT also found no error in the UNDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, UNAT found no error in the UNDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.

The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits

The Tribunal finds that the selection process was flawed but that the Applicant has not established a causal link between the irregularity and the harm he claims to have suffered. Assessing the legality of the contested decision: When the Administration decides to use a specific procedure, it is bound to fully comply with this procedure. Thus, if the Administration had determined that applications for a vacant position would be assessed by a panel of five members, all five panel members should have actually participated in the assessment, and the failure to comply with the procedure resulted...