Ãå±±½ûµØ

UNDT/2012/108

View PDF

UNDT/2012/108, Chawla

UNAT Held or UNDT Pronouncements

The burden of establishing bias or the perception of bias lies with the Applicant once the Respondent has made a minimal showing of regularity in the recruitment process. The Applicant must establish with clear and convincing evidence that he was not given full and fair consideration for the vacancy. Whilst the Tribunal was surprised that a person in the Applicant’s position and with the Applicant’s experience should not be recommended, it was unable to conclude that the Applicant had not been given full and fair consideration, particularly in view of the fact that some 13 other candidates were recommended.

Decision Contested or Judgment/Order Appealed

The Applicant appealed against the decision not to recommend him for the roster position of P5 Chief of Supply following a competitive interview process.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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
Chawla
Entity
UNMIL
Case Number(s)
UNDT/NBI/2011/040
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Judge(s)
Judge Boolell
Language of Judgment
French
Issuance Type
Judgment
Categories/Subcategories
Staff selection (non-selection/non-promotion)
Full and fair consideration
Interview
Applicable Law
Administrative Instructions
Related Judgments and Orders
2011-UNAT-122