2021-UNAT-1100

2021-UNAT-1100, Marius Mihail Russo-Got

UNAT Held or UNDT Pronouncements

UNAT held that UNDT’s interpretation of the totality of the evidence on the record was reasonable. UNAT held that UNDT had correctly found that Mr Russo-Got was Candidate A for the P-3 test and Candidate F for the P-4 test and that UNOPS had submitted contemporaneous documentation showing that he was not recommended because he had failed the written assessment for the two tests. UNAT held that UNDT properly reviewed the contested decisions in accordance with the applicable law.

Decision Contested or Judgment Appealed

The decisions to not select Mr Russo-Got for P-3 Business Development Specialist posts and P-4 Process Design Advisor post.

Legal Principle(s)

The Administration has broad discretion in matters of staff selection. In reviewing staff selection decisions, it is the role of the Tribunals to assess whether the applicable regulations and rules have been applied and whether they were applied in a fair, transparent and non-discriminatory matter. The Tribunal's role is not to substitute its decision for that of the Administration. The burden of proof rests with the person making the allegation of improper motive such as bias, in light of the presumption of regularity of administrative acts, and the fact that while the ordinary normally applies, the extraordinary has to be proved.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment Nos. UNDT/2020/075 affirmed

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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

Marius Mihail Russo-Got

Entity

UNOPS

Case Number(s)

2020-1417

Tribunal

UNAT

Registry Location :

New York