2021-UNAT-1154, Marius Russo-Got
The UNAT concluded that Mr. Russo-Got failed to show that, in deciding the merits of his claims, the UNDT erred in fact or in law, or that its Judgment was otherwise flawed.
UNDT/2020/194, in which UNDT rejected Mr. Russo-Got’s application challenging his non-selection for a number of positions.
Another request for management evaluation of the same grievance lodged by the same staff member does not stop the clock running on the calculation of the period from when the first request was made. Appointments of staff members, including by competitive selection among a group of applicants, is a matter most appropriately left to the decision of the Secretary-General’s representatives with relevant knowledge and expertise, not only in the particular field in which the recruitment is taking place, but in the field of personnel recruitment and appointment generally. The UNDT’s role is not to undertake a merits-based review of the decisions taken but is rather a jurisdictional and process review, or to substitute its decision about the appropriate appointee for that of the Administration’s experienced and knowledgeable experts. It is for the UNDT to determine its procedures, although these must conform to the principles of natural justice and, in particular, that if a party raises a new issue that the other party has not had an opportunity to address, that other party should be given an appropriate opportunity to do so.
Appeal is dismissed and UNDT Judgment affirmed