UNDT/2012/080, Wang
Assessment of irreparable damage in relation to non-selection decisions: The applicant was not the only recommended candidate and, therefore, it could not be concluded that he would have been selected for the litigious post. Accordingly, he failed to show that the implementation of the contested decision would cause him irreparable damage.
The Applicant submitted an application for suspension of action, pending management evaluation, of the decision to select other candidates for two posts. In alleging that the contested decision is prima facie unlawful, he challenged the eligibility of one of the two selected candidates. He also submitted that the selection process was tainted with further irregularities and that he was better qualified than the two selected candidates. The Tribunal finds that the Respondent did not adduce evidence showing that the candidate whose eligibility was challenged had the relevant work experience and that this raises reasonable doubts about the lawfulness of the contested decision. It however rejects the other claims regarding prima facie unlawfulness. Concerning the requirement of irreparable damage, it considers that the Applicant failed to show that the implementation of the contested decision would cause him such damage since, even if one of the selected candidates was not eligible for the posts, three more candidates, including the Applicant and a female candidate, were recommended as meeting the requirements of the posts and the Applicant did not perform as well as the other candidates during the selection process. Therefore, it is most probable that he would not have been selected.
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