UNDT/2021/086

UNDT/2021/086, Fakiri

UNAT Held or UNDT Pronouncements

The Applicant’s allegation that the preferred candidate was selected mainly to satisfy guidelines for gender parity and balance was not factual since the candidate was also better qualified for the post than the Applicant, based on the records of the candidates submitted in response to the job opening.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent’s decision to not select him for a recruit-from-roster position, even though he had been rostered.

Legal Principle(s)

Selection for a position is a competitive process, even between rostered candidates. It is settled law that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate, however, has no right to a promotion. 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.

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

Fakiri

Entity

UNAMI

Case Number(s)

UNDT/NBI/2020/069

Tribunal

UNDT

Registry Location :

Nairobi