UNDT/2019/154

UNDT/2019/154, Ahmed

UNAT Held or UNDT Pronouncements

Following careful review of the facts as they appear in the pleadings, and the accompanying documentary evidence, the Tribunal is unable to conclude that the presumption of regularity in the selection process has been or should be rebutted. There is nothing to suggest that the Respondent acted improperly in selecting the recommended candidate, or that he was motivated by any extraneous factors in not selecting the Applicant.; The Applicant was given full and fair consideration and the selection decision was proper and lawful.

Decision Contested or Judgment Appealed

The decision to not select the Applicant for a Supply Officer position (Job Opening 55336) at the United Nations Mission in South Sudan (UNMISS).

Legal Principle(s)

The Secretary-General is vested with wide discretion to select staff members for positions within the Organization. It is within the discretionary authority of the Secretary-General to evaluate job applicants’ qualifications for positions. Selection for a position is a competitive process.; In matters of selection of staff, the role of the Dispute Tribunal is to review the challenged selection process to determine whether a candidate has received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration. The Dispute Tribunal will not substitute its own judgment for that of the Secretary-General.; The presumption of regularity is rebutted by evidence of a failure to follow applicable procedures, bias in the decision-making process, and consideration of irrelevant material or extraneous factors.

Outcome

Dismissed on merits

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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

Ahmed

Entity

UNOCI

Case Number(s)

UNDT/NBI/2017/48

Tribunal

UNDT

Registry Location :

Nairobi