2017-UNAT-785 | SYSTEM OF ADMINISTRATION OF JUSTICE

2017-UNAT-785, Smith

UNAT Held or UNDT Pronouncements

UNAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. UNAT held that the decision of the Administration to limit the appointment to UNMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, UNAT vacated the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision that he was not eligible for the TJO he applied for since the TJO was advertised internally within the �山��Mission in the Republic of South Sudan (UNMISS) and was, therefore, only open to UNMISS' staff. UNDT found that the decision to consider the staff member ineligible for the TJO was unlawful and breached his right to be fully and fairly considered. Since the TJO stated that it was open to internal candidates, it was open to all internal candidates (not only UNMISS staff members), including the staff member. UNDT awarded moral damages, finding that the staff member’s prospects for career development and opportunities for professional growth were reduced by the restriction.

Legal Principle(s)

Temporary job openings (TJO) limiting recruitment to staff members at a particular duty station or mission may be lawful.

Outcome

Appeal granted

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

Smith

Entity

DFS

Case Number(s)

2017-1067

Tribunal

UNAT

Registry Location :

New York