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UNDT/2020/058

UNDT/2020/058, Sohier

UNAT Held or UNDT Pronouncements

The Applicant was not a staff member at the time of the contested decision, and her former employment was with a different entity than that concerned by the administrative decision under review in this case. No nexus existed between the Applicant’s former employment with the Organization and the administrative decision under review, and the Applicant has therefore no standing to challenge this decision. The cancellation of a selection process is not a challengeable administrative decision. In this case, the canceled job opening was eventually re-advertised and the Applicant eventually selected against the newly advertised position. The Applicant has no standing to challenge an administrative decision that was resolved in her favor. After the expiration of her former fixed-term appointment, the Applicant had no right of reinstatement or priority consideration for other positions with the Administration.

Decision Contested or Judgment/Order Appealed

Decision to cancel a selection process.

Legal Principle(s)

Former staff members do not have standing to appeal and administrative decision that has no nexus with the terms of their former employment. Cancellations of selection processes are not challengeable administrative decisions. Staff members have no standing to challenge administrative decisions that were eventually resolved in their favor. Expiration of a fixed-term appointment does not carry expectancy of renewal or give rise to a right to priority consideration for its holder in selection processes.

Outcome
Dismissed as not receivable

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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.

Applicants/Appellants
Sohier
Entity
UNS
Case Number(s)
Tribunal
Registry
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type