UNDT/2021/067, Belsito
Not only is it the duty of every member of the United Nations personnel to cooperate with the Internal Justice System, but also it is particularly important for senior leaders of the Organization to lead by example. There is no evidence that a selection decision had been made in the first selection exercise before it was cancelled. The cancellation was based on facts supported by evidence and, therefore, it was lawful. The Applicant’s allegations of ulterior motive have no bearing on the decision to cancel the first selection process because the reasons given were lawful. The Applicant’s claim that the second selection process was void ab initio due to the unlawful cancellation of the first selection process has no merit because the cancellation of the first selection process was lawful. The Applicant’s allegations that one of the officials involved in the second selection process had a conflict of interest because he was involved in the unlawfully cancelled first selection process is without merit because said official was not involved in the cancellation decision.
Cancellation of the selection process for the post of 山Women Regional Director for Europe and Central Asia at the D-1 level (“fist selection process”) and non-selection for the subsequently readvertised post (“second selection process”).
The Administration is not under an obligation to pursue a recruitment procedure once begun, and it is within its discretionary authority to terminate a recruitment procedure and/or to initiate a new one for sound reasons, such as on account of irregularities which occurred in the process. If an applicant claims that a decision is based on improper motives, except when the Administration refuses to disclose the reasons underlying the decision, the burden of proving any such allegations rests with the applicant.