UNDT/2011/092

UNDT/2011/092, Xu

UNAT Held or UNDT Pronouncements

The Tribunal held that the Programme Manager failed to consider the Applicant’s candidacy at the 15-day mark as provided by ST/AI/2006/3. In this respect, the Tribunal noted that she was put in a pool with 30-day mark candidates and that most of these candidates were considered before she was. Additionally, the Tribunal found that the Applicant had not been fully and fairly considered because the Programme Manager and two of the Interview Panel members had deemed her unsuitable for the contested post prior to the commencement of the interview process. Since the Interview Panel failed to provide an objective evaluation of the Applicant’s qualifications, the Tribunal was not in a position to determine whether the provisions of ST/AI/1999/9 were adhered to or not. The Applicant failed to substantiate her allegation of discrimination thus the Tribunal found this claim to be without merit. The Tribunal concluded that the contested decision was unlawful because the selection process was not conducted in conformity with ST/AI/2006/3. Thus, the Applicant’s candidacy was not accorded full and fair consideration and her rights were violated as a result thereof. Consequently, the Respondent is to pay the Applicant two months net base salary for failing to give her priority consideration at the 15-day mark, four months net base salary for failing to give her full and fair consideration and $500 for failing to inform her of the results of the selection process.

Decision Contested or Judgment Appealed

The Applicant is contesting the decision by the Under-Secretary-General (‘USG”) of the Department of General Assembly and Conference Management (“DGACM”) not to select her for the post of Chinese Reviser at the P-4 level. She submits that the decision was unlawful because: (i) she was not given the requisite priority consideration at the 15-day mark; (ii) her candidacy was not accorded full and fair consideration; (iii) the decision failed to take into consideration the gender equality provisions of ST/AI/1999/9; and (iv) she was discriminated against during the selection process.

Legal Principle(s)

N/A

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
Xu
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