2018-UNAT-836

2018-UNAT-836, Loeber

UNAT Held or UNDT Pronouncements

UNAT considered the appeal. UNAT found no reason to differ from UNDT’s conclusion. UNAT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. UNAT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. UNAT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it was done for extraneous reasons. Moreover, UNAT held that, in failing to participate in the necessary recruitment procedures, the Appellant is estopped from contesting the selection outcome. UNAT dismissed the appeal and affirmed UNDT’s judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to not select him for a post. UNDT found that the Applicant’s candidature received full and fair consideration. UNDT noted that the Administration gave a satisfactory reason for not replacing the panel members, upon the Applicant’s request, and that the Applicant was provided with a procedural safeguard in the event he wished to contest the selection process. UNDT found that the presumption of regularity of the decision not to select the Applicant prevailed and rejected the application in its entirety.

Legal Principle(s)

Evidence must be produced to support allegations of possible misconduct. In the absence of such evidence, the allegations will be disregarded for the intended purposes.

Outcome

Appeal dismissed on merits

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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

Loeber

Entity

UNHCR

Case Number(s)

2017-1125

Tribunal

UNAT

Registry Location :

New York