2021-UNAT-1103

2021-UNAT-1103, Vladislav Krioutchkov

UNAT Held or UNDT Pronouncements

UNAT agreed with UNDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. UNAT held that Mr Krioutchkov has failed to rebut the UNDT finding regarding the legality of the CRB process. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the UNAT jurisprudence. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The decision to not select Mr Krioutchkov for the P-4 position of Russian Reviser with UNOG.

Legal Principle(s)

In reviewing administrative decisions regarding appointments and promotions, the factors to be considered are: (a) Whether the procedure as laid down in the Staff Regulations and Rules were followed; (b) Whether the staff member was given fair and adequate consideration; and (c) Whether the applicable regulations and rules were applied in a fair, transparent and non-discriminatory manner. 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 motives, such as bias. It is not for UNDT to substitute or help a party to provide sufficient evidence of his claims, in light of the principle of party disposition (as opposed to the principle of the inquisition), according to which, in principle, the parties delimit the subject matter of the dispute and should provide evidence of their allegations.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. UNDT/2020/040 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

Vladislav Krioutchkov

Entity

ESCAP

Case Number(s)

2020-1393

Tribunal

UNAT

Registry Location :

New York