UNDT/2011/051

UNDT/2011/051, Mills-Aryee

UNAT Held or UNDT Pronouncements

i. Prima facie unlawfulness: The Tribunal found that prima facie unlawfulness had been established because the Applicant identified anomalies in the processes used by UNON. ii. Particular urgency: The Tribunal noted that the selection decision had been communicated to the selected candidate by UNON before the Applicant filed her application. As the contested decision had been implemented, the element of particular urgency had not been met. iii. Irreparable damage: The Tribunal found that the Applicant established irreparable damage in that there would be harm to her reputation and career prospects, both within and outside of the United Nations as a result of the contested decision.

Decision Contested or Judgment Appealed

The Applicant, a staff member of UNON, sought suspension of action of the decision not to select her for the post of Chief, Procurement Section, UNON at the P-5 level.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

Outcome Extra Text

In light of the fact that the Applicant was unable to establish the element of “particular urgency”, the application for suspension of action was rejected.

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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

Mills-Aryee

Entity

UNON

Case Number(s)

UNDT/NBI/2011/010

Tribunal

UNDT

Registry Location :

Nairobi