UNDT/2010/084

UNDT/2010/084, Teferra

UNAT Held or UNDT Pronouncements

The decision by the Chief of the Human Resources Services Section (HRSS) to discontinue the selection process without a proper determination that the recruitment procedures had not been followed precisely was an abuse of the Administration’s discretionary authority. While the Applicant had only been “recommended” for the post by the ASP and had not been “selected”, the serious procedural irregularity that resulted from the Chief of HRSS’ actions prevented his candidacy from proceeding to the central review body and therefore amounted to a violation of his rights. The decision was an abuse of the Administration’s discretionary authority and violated the Applicant’s right to due process.

Decision Contested or Judgment Appealed

The Applicant contests a decision by ECA to re-advertise a post after cancelling an earlier selection process for the same post, after the Applicant had been recommended by the Advisory Selection Panel (ASP) as the most suitable candidate for the post.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The application was granted.

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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

Teferra

Entity

ECA

Case Number(s)

UNDT/NY/2009/018

Tribunal

UNDT

Registry Location :

Nairobi