2014-UNAT-445 | SYSTEM OF ADMINISTRATION OF JUSTICE

2014-UNAT-445, Terragnolo

UNAT Held or UNDT Pronouncements

UNAT preliminarily denied the Appellant’s motion to submit an amicus curiae brief. On the merits, UNAT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. UNAT held that the appeal did not identify any errors in the reasoning of UNDT and found no basis for disagreeing with UNDT. UNAT dismissed the appeal and upheld the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to admit him to the 2012 Competitive Exam for French Associate Editor at the P-2 level. UNDT rejected the application, noting that he had not submitted the mandatory French essay as part of his application. UNDT further held that the Applicant had failed to meet the burden of proving that the contested decision was motivated by improper motives.

Legal Principle(s)

The appeals procedure is of a corrective nature and is thus not an opportunity for a party to reargue their case. A party cannot merely repeat on appeal arguments that did not succeed before the UNDT; rather, it must demonstrate that the UNDT committed an error of fact or law, warranting the intervention by UNAT.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Terragnolo

Entity

DGACM

Case Number(s)

2013-514

Tribunal

UNAT

Registry Location :

New York