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...
ST/SGB/2011/10
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Performance management
Performance evaluation
Separation from service
Termination of appointment (see also, Termination of appointment)
Standard of review (judicial)
Termination (of appointment)
Unsatisfactory service
UNAT held that the UNDT’s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, UNDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. UNAT...
The UNDT found that the Applicant failed to provide any explanation to the Tribunal as to the reasons for filing the present application 25 calendar days after the email of 28 October 2011 and nine working days before the examination. The UNDT found that the urgency in the present matter was created by the Applicant, who did not act timeously in filing the present application with sufficient urgency.
Compensation
Loss of chance
Non-pecuniary (moral) damages
Pecuniary (material) damages
Staff selection (non-selection/non-promotion)
Eligibility
The Tribunal found that the decision not to convoke the Applicant to the YPP in Public Information was not a separate administrative decision, since he had never applied to take that exam. The decision not to convoke him to the YPP in Administration was taken by the Central Examinations Board (“CEB”), upon appeal, on the grounds that the Applicant did not fulfill the educational requirements. The Tribunal found that that decision was null and void, since the CEB, which held its meeting by email exchanges, did not have the required quorum and the decision was made after the date of the exam...