UNDT/2013/054

UNDT/2013/054, deSouza

UNAT Held or UNDT Pronouncements

By deciding not to undertake the written test for the two posts, the Applicant removed the hiring manager’s capacity to effectively compare her skills to that of the other candidates. By not taking the written test the Applicant effectively withdrew from the entire approved selection process and she could no longer enjoy the right of being evaluated appropriately, and against the pre-approved criteria. Consequently, none of the Applicant’s rights were breached during the selection exercise for these posts. The Applicant claims that she should have been selected for either of the two posts even though she decided not to sit for the written test because as a rostered candidate she had expected to be selected without the need to undertake a new competence based test. Alternatively, her name should have been included in the list of candidates reviewed by the Central Review Board (“CRB”). The UNDT found that the decision not to consider the Applicant was appropriate and dismissed her application.

Decision Contested or Judgment Appealed

The Applicant appealed her non-selection for two P-5 level posts.

Legal Principle(s)

Being placed on the roster does not remove the requirement that rostered candidates still have to be compared against other non-rostered candidates and that the same assessment method should be used for all the candidates.

Outcome
Judgment entered for Applicant in full or in part

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Applicants/ Appellants
deSouza
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Tribunal
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