UNDT/2024/031, Abdelaal
The Tribunal observed that a review of the evidence in this case indicated that the panel’s assessment of the Applicant’s interview was proper. Accordingly, the Tribunal held that the Applicant received full and fair consideration and that the Administration followed all applicable procedures.
The Applicant contested the decision to not select him for the position of Information Analyst, P-4, Office of Political Affairs, with the United Nations Assistance Mission for Iraq.
According to the jurisprudence of the Tribunal, in staff selection matters the starting point is the presumption that official functions have been regularly performed. This presumption is satisfied where management minimally shows that the staff member’s candidature was given fair and adequate consideration. Once management satisfies this initial requirement, the burden shifts to the Applicant to show through clear and convincing evidence that he was not given fair and adequate consideration.