2015-UNAT-533, Onana
UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no impact on the status of a staff member, because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested a number of issues in two applications, including his separation from service and his non-selection for another position. UNDT consolidated and addressed the issues and dismissed the applications.
The authority of a final judgment, or res judicata, cannot be readily set aside. Priority consideration cannot be interpreted as a promise or guarantee to be appointed or receive that for which one is granted such consideration. Where an irregularity has no impact on the status of a staff member because he or she had no foreseeable chance or promotion, he or she is not entitled to rescission or compensation.