UNDT/2013/158

UNDT/2013/158, Nwuke

UNAT Held or UNDT Pronouncements

The Tribunal concluded that: (a) the selection process for the post of D/ACGSD was not handled correctly and lawfully due to apparent bias on the part of the ASP and that he suffered prejudice/damage as a result; and (b) the Applicant was not the victim of harassment and discrimination in relation to this case. Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. The Tribunal concluded that the Advisory Selection Panel (ASP) in the present matter was biased against the Applicant as a result of negative information about him that had come into the ASP’s possession prior to the interview.

Decision Contested or Judgment Appealed

The Applicant challenged his non-selection for the post of Director, African Centre for Gender and Social Development (D/ACGSD) at ECA and alleged that the filling of the post was motivated by improper motive, prejudice, retaliation and discrimination.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal awarded the Applicant two months net base salary for moral damages.

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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

Nwuke

Entity

ECA

Case Number(s)

UNDT/NBI/2011/001

Tribunal

UNDT

Registry Location :

Nairobi