UNDT/2020/079

UNDT/2020/079, Ponze-Gonzalez

UNAT Held or UNDT Pronouncements

The Tribunal found that it lacked jurisdiction to review preparatory steps of an administrative decision and rejected the application as not receivable.

Decision Contested or Judgment Appealed

The Applicant was contesting the failure to afford full and fair consideration to his candidacy for the post of P-5 Chief, Operations and Resource Management, advertised under Recruit from Roster exercise number 104637 and abuse of authority in cancelling the RFR in violation of the applicable rules following his unlawful disqualification.

Legal Principle(s)

Applications which challenge the cancellation of a recruitment process are not receivable and must fail. A selection process involves a series of steps or findings which lead to the administrative decision. These steps may be challenged only in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the UNDT. A selection process may only be challenged in the context of an appeal against the outcome of that process and where the selection exercise is cancelled, there is no contestable decision.

Outcome

Dismissed as not receivable

Outcome Extra Text

The Tribunal held that it had no jurisdiction to review preparatory steps of an administrative decision and rejected it.

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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

Ponze-Gonzalez

Entity

UNISFA

Case Number(s)

UNDT/NBI/2019/113

Tribunal

UNDT

Registry Location :

Nairobi