UNDT/2015/125

UNDT/2015/125, Wilson

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant’s request was not properly considered in that irrelevant factors were taken into consideration whereas relevant factors were not. In particular, no proper consideration was given to the individual circumstances and attributes that may have warranted a legitimate exception. Further, the reasoning supporting the decision was flawed. The UNDT found that no reasonable explanation was provided as to why the granting of this exception would have been prejudicial to other staff. The UNDT awarded the Applicant the sum of USD3,000 as compensation for loss of chance of promotion.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to grant him an exception to sec. 6.1 of ST/AI/2010/3 (Staff selection system), which provides that staff members are “not eligible to apply for positions more than one level higher than their personal grade”.

Legal Principle(s)

Exceptions to administrative instructions: Although staff rule 12.3(b) refers to exceptions to the Staff Rules, the Dispute Tribunal and the Appeals Tribunal have ruled that the same rule applies to legal instruments of subsidiary nature, including administrative instructions.

Outcome

Judgment entered for Applicant in full or in part

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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

Wilson

Entity

OIOS

Case Number(s)

UNDT/NY/2015/1

Tribunal

UNDT

Registry Location :

New York