UNDT/2015/071

UNDT/2015/071, Nikolarakis

UNAT Held or UNDT Pronouncements

The Tribunal found that the hiring manager acted on the basis of a flawed understanding of the role of competency-based interviews under ST/AI/2010/3 when he fettered his discretion by declining to recommend the Applicant for promotion based only on the result of his competencybased interview. Further, the hiring manager ignored relevant material when he did not take into account the Applicant’s performance assessment reports, which indicated that he was “outstanding” at teamwork.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Safety and Security Service, Department of Safety and Security not to select him for promotion to one of 37 Senior Security Officer Posts at the S-3 level because his answer to the competency-based interview question on teamwork was deemed unsatisfactory.

Legal Principle(s)

山 period for an interviewWhere a staff member has freely consented to take part in an interview despite alternative options being available, and has in fact requested that the interview be brought forward, the Tribunal will be slow to draw an adverse inference against the Administration.Relevance of performance assessment reports when applying for promotionIt appears illogical for the Organization to submit that the same competency has different characteristics at different grades, such that performance appraisals at a lower grade are to be accorded little or no weight or relevance, while also using competency-based interview questions, which ask for examples of past performance and experiences, to assess candidates for promotion.The role of a competency-based interview within the staff selection system There is no provision in ST/AI/2010/3 stating that a competency-based interview is the determining factor in considering candidates for promotion, providing strict criteria as to how it is to be conducted or scored, or stating that a candidate must “succeed” at or “pass” the competency-based interview in order to be successful in a staff selection process. The Applicant was denied the opportunity to receive further consideration for promotion based on a flawed interpretation and understanding of the Organization’s staff selection system.

Outcome
Judgment entered for Applicant in full or in part

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Applicants/ Appellants
Nikolarakis
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