UNDT/2024/044

UNDT/2024/044, Dalal

UNAT Held or UNDT Pronouncements

[t]he Tribunal DECIDES to: a. Reject the Applicant’s motion requesting to order the Respondent to provide necessary information; b. Find that the application is not receivable and that, even if it were, there is no merit to it, thus it would dismiss it; and Deny the Respondent’s request for an award of costs.

Decision Contested or Judgment Appealed

The Non selection for the position of Protection Associate/Head of Legal Unit on a fixed-term basis at UNHCR in Tel-Aviv.

Legal Principle(s)

The Administration may decide to rescind administrative decisions for any reasons. The UNHCR Deputy High Commissioner’s letter dated 12 June 2023 indicates that the recruitment was rescinded for procedural shortcomings. and that, as a result, the position would be readvertised. Thus, the administration's decision was rescinded and cannot be a final administrative decision that can be the subject of review by this Tribunal.

Outcome

Dismissed as not receivable

Outcome Extra Text

The Tribunal finds that the Applicant has not demonstrated that the non-selection decision, which was later rescinded, was unlawful or improper. As a result, the Tribunal is not in a position to award compensation for damages resulting from the contested decision.

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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

Dalal

Entity

UNHCR

Case Number(s)

UNDT/NBI/2023/060

Tribunal

UNDT

Registry Location :

Nairobi