The UNAT upheld the UNRWA DT鈥檚 determination of the former staff member鈥檚 chances of selection for the position at one-fourth on alternative grounds. The UNAT held that the UNRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the UNRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...
Benefits and entitlements
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The Tribunal held:
1. Insofar as Decision A had already been ruled upon by two judgments that were now final, that part of the application was not receivable, being res judicata.
2. The Applicant鈥檚 challenges of Decisions B, C and D which were grounded on her Appendix D claim of 12 November 2020, were not receivable, being time-barred.
3. The consequential decisions arising from Decisions A - D were all rejected as irreceivable because they could not stand on their own.
Appealed
The decision to separate the Applicant from service was lawful. The Administration lawfully undertook the process of separation for abandonment of post under staff rule 9.6(b). The Tribunal found that given the context of the Applicant鈥檚 prolonged unauthorized absences from work, together with her inaction and failure to respond to the Administration鈥檚 various communications to her, including the request to provide the requisite proof that her absence was involuntary and was caused by forces beyond her control by 9 May 2023, the Administration reasonably determined that the Applicant did not...