UNDT/2009/022, Kasyanov

UNAT Held or UNDT Pronouncements

The Applicant was not considered in accordance with ST/AI/2006/3 as was his legal right.

Decision Contested or Judgment Appealed

The Administration’s decision not to select the Applicant for a vacant post of P-4 interpreter.

Legal Principle(s)

ST/AI/2006/3 does not permit consideration of 30-day candidates where a suitable 15-day candidate has been identified. The candidates eligible to be considered at the 15-day mark are a class and the reference to “the 15-day mark” is a reference to their eligibility: it is not, for the purposes of sec 7.1, a reference to the date upon which they are to be assessed. If the 15-day candidates have not been considered at the 15-day mark, they nevertheless retain the attribute accorded to them by ST/AI/2006/3 and must be considered first, so that if one or more is found to be suitable, the 30-day candidates are no longer to be considered. The priority consideration given to 15-day candidates is consistent with the provisions of the Charter and Staff Regulations requiring that the paramount consideration in the appointment of staff shall be the necessity of securing the highest standards of efficiency, competence and integrity. Interpretation of “shall”: “Shall” will almost always indicate a mandatory and unqualified direction or command or requirement. Authority to interpret administrative instructions: OHRM cannot give authoritative interpretations of administrative instructions, let alone give interpretations contradicting or qualifing provisions of the instruction. The only way in which this can be done is by the Secretary-General and then by formal amendments. If the guidelines issued by OHRM are inconsistent with the instructions which they interpret, the guidelines must be read down.

Outcome
Judgment entered for Applicant in full or in part

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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.

Applicants/ Appellants
Kasyanov
Tribunal
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