UNDT/2015/042, Neocleous
The Tribunal found that determining that the Applicant did not meet the minimum professional relevant experience for the Position was in accordance with the applicable rules and guidelines, and based on a reasonable and plausible approach. It also concluded that the Applicant had no legitimate expectation to be the successful candidate with regard to that selection process, even if he had been initially considered eligible, allowed to take the written test and underwent the competency-based interview.
The Applicant appealed the decision to declare him ineligible for a National Professional Officer (NPO) position in UNFICYP, on the grounds that he did not have the requisite experience as per the job opening (JO).
Authority to assess candidates’ eligibility: Pursuant to sec. 7 of ST/AI/2010/3, the task of pre-screening candidates to determine whether they meet the minimum requirements of the job opening is carried out by “OHRM, the local human resources office or the Field Personnel Division of the Department of Field Support”. In the case of a NPO post, the competent human resources office to determine eligibility is that of the mission, according to the Memorandum Delegation of Recruitment Authority and Responsibility for National Professional Officers. This office has not only the power but also the duty to verify that the candidates’ eligibility has been correctly determined, and this verification may be made at any stage of the process. Application of eligibility criteria: Failure to enforce the minimum requirements stipulated in a given job opening in an even-handed manner would breach the principle of equal treatment of candidates and would be inconsistent with the duty to have as the paramount consideration in selecting the staff the highest standards of efficiency, competence and integrity. Discretion of the Administration: The Organization has wide discretion in determining the necessary requirements for a given post and assessing the experience to be taken into account as relevant. Qualifying experience for professional posts: Following the guidelines given by OHRM in 2012 on the Recognition of senior-level GF/FS experience as qualifying experience for Professional level positions experience at the GS-6 and above levels may be counted as qualifying experience for the purpose of a post in the Professional category.