Ãå±±½ûµØ

UNDT/2015/106

UNDT/2015/106, Kucherov

UNAT Held or UNDT Pronouncements

SummaryThe Tribunal concluded that the selection process was procedurally flawed for the following reasons: a. the job opening did not identify the specific assessment method to be used for the evaluation of the technical skills during the selection process;b. the selection panel did not include an expert on Russian language and a non-voting member representing the Assistant Secretary-General, Office of Human Resources Management, which the Tribunal considered was necessary in accordance with ST/AI/1998/7;c. the selection panel did not assess the short-listed candidates through an assessment exercise (written test) to evaluate their substantive knowledge against the requirements for the Post;d. the scoring system used by the panel did not accurately reflect the candidates’ performance during the interview, which resulted in inaccurate ratings of satisfactory and outstanding;e. the selection decision was made before the mandatory review by the Central Review body and was based on a different note than the transmittal memo sent later to the Central Review body. It did not contain the reasons of the Acting Head of DGACM for the selection decision. The Tribunal was of the view that ST/AI/1998/7, as amended in May 2012, and ST/AI/2010/3 were both applicable to the selection exercise in this case and require a written test to be administered to any candidate applying for a language post. The Tribunal found that there were a number of flaws in the selection process relating to the assessment method used, the composition of the selection panel, the scoring system used during the interview, and the final selection decision. The Tribunal concluded that the Applicant’s right to be fully and fairly considered for the Post was not respected. The Respondent was ordered to pay USD3,000 in moral damages.

Decision Contested or Judgment Appealed

The Applicant contested his non-selection for the P-5 level post of Chief, Russian Verbatim Reporting Section in the Department of General Assembly and Conference Management.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part

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.