UNDT/2022/029, Ponce Gonzalez
The Tribunal is satisfied that the evidence supports the Hiring Manager’s evaluation of the selected candidate’s candidacy. Based on the evidence, the Tribunal finds that it was within the Respondent’s discretion to select the successful candidate. Moreover, the Tribunal is not persuaded that the Applicant has shown that he had a significant chance of selection over the selected candidate, absent any of the procedural irregularities that he alleges.
Non-selection for a post at the P-5 level.
The Administration has broad discretion in matters of staff selection. In reviewing such decisions, the Dispute Tribunal must assess whether the applicable procedure 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. Any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. The irregularity must be of such a nature that, had it not occurred, the staff member would have had a foreseeable and significant chance for promotion.