UNDT/2021/052, Krioutchkov
While the schedule set for the written assessment was probably inconvenient for the Applicant. However, he did not even attempt to provide a reason, neither when he was notified of the assessment’s schedule nor in his application, why it was not possible for him to take the test. He simply asked for the test to be rescheduled to coincide with the working hours at his location. The reason provided by the Administration for not being able to accommodate different schedules, namely the avoidance of leaks, is fair and reasonable.Therefore, the Applicant’s decision not to participate in the selection process was his own and, as per Loeber, he estopped himself from contesting the process’ outcome. The Applicant failed to provide evidence of bias.
Decision not to select the Applicant for a position of Russian Reviser with DGACM.
The Administration has broad discretion in matters of staff selection. In reviewing such decisions, the Dispute Tribunal must assess whether the applicable law was applied in a fair, transparent, and non-discriminatory manner. The Dispute Tribunal’s role is not to substitute its decision for that of the Administration. By refusing to participate in an interview because of a belief that the panel was biased while offering no evidence of such bias, the applicant had estopped himself from challenging the outcome of the selection procedure