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UNDT/2016/067

UNDT/2016/067, Tsoneva

UNAT Held or UNDT Pronouncements

The UNDT found the application irreceivable in respect of one position due to the Applicant’s failure to file a request for management evaluation within the applicable time limit. With respect to the remaining three posts, the Tribunal found that the decision not to select the Applicant for the position of Chief of Section (Procurement of Services) was unlawful, and that the other two selection decisions were not. Consequently, the Tribunal rescinded the decision not to select the Applicant for the position of Chief of Section (Procurement of Services), set the amount of alternative compensation to USD3,500 and awarded the Applicant USD3,000 for moral damages. Procedural flaw: The provision of false information about the selection process and the reasons for the selection or non-selection of candidates to the Joint Review Board constitutes a procedural flaw in the assignment procedure.The reliance on a staff member’s performance in a previous interview for a different position instead of her fact sheet to determine her suitability for a post constitutes a violation of sec. 91 of UNHCR Policy and Procedures on Assignments and Promotions (IOM/FOM/033/2010) of 14 June 2010. Full and fair consideration: The sole reliance on a staff member’s performance in a previous interview held eight months before, for a position which had different requirements, does not amount to full and fair consideration of her candidacy for appointment.

Decision Contested or Judgment Appealed

The Applicant, a staff member of the UNHCR, appealed her non-selection for four posts advertised in the September 2013 and March 2014 Compendium of Vacant Positions.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

Both financial compensation and specific performance.

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