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The Tribunal found that the Applicant failed to show by clear and convincing evidence that he was denied a fair chance of selection. Accordingly, the Tribunal found that the contested selection decision was lawful as the Administration appropriately exercised its discretion in selecting the selected candidate.

In the present case, the Tribunal found the application not receivable ratione personae because at the date of filing it, the Applicant was not a staff member, and the contested decision did not breach the terms of his former appointment with UNOPS.

Furthermore, UNOPS and UNGSC are two different entities of the �山����system. While the Applicant was a former staff member of UNOPS, he had no employment relationship with UNGSC. He was an external candidate with no standing to challenge the decision not to select him for the contested position with UNGSC.
The Applicant acknowledged that “there...

As long as the Temporary Job Opening had no impact on the Applicant’s chances of selection, then an irregularity could not be relied upon as a basis for the selection process to be declared unlawful.

The Tribunal agreed with the Respondent that the Applicant cannot base his argument against the selection process in JO# 136259 by questioning the process in other matters which do not affect his case.

The Tribunal held that whilst the procedure spelt out in ST/AI/2010/3 was not followed, it was unable to see how this irregularity could have had any impact on the selection process.  

UNAT held that the Appellant’s consent to foregoing an in-person hearing was not required, pursuant to Rule 22 of the ICAO Appeals Board Rules and ICAO Staff Rule 111.1(18).  The Appellant was advised by the ICAO Appeals Board of its intention to proceed with a summary decision and she participated in this process by making submissions without objecting to it.  Therefore, it was not an error of law for the Appeals Board of ICAO to have considered and decided the summary judgment without an in-person hearing but otherwise in compliance with due process requirements of participation therein by...

The UNAT dismissed Mr. Ponce-Gonzalez's appeal. The UNAT dismissed Mr. Ponce-Gonzalez’s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration’s routine of selecting candidates for advertised positions.  The UNAT further found that the UNDT did not err in finding no irregularity in...

The UNAT dismissed the appeal. It held that the UNDT erred in its consideration of the Administration’s assessment of Mr. Ponce-Gonzalez’s experience against the evaluation criteria; the UNDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that “none of the rostered candidates had met all of the required and desirable criteria of the job opening”, and concluding that “at least one of the rostered candidates (the Applicant) met and exceeded all criteria”. In so doing, the UNDT improperly appropriated the discretion of the Secretary...

The UNAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The UNAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo’s candidacy. The UNAT agreed with the ITLOS JAB that Mr. Savadogo’s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...

The UNAT agreed with the UNDT that the Administration had shown that Mr. Mirella’s candidature was given full and fair consideration which satisfies the presumption of regularity, and that Mr. Mirella has not proven through clear and convincing evidence that he was denied a fair chance. The UNAT reviewed Mr. Mirella’s contention that the UNDT erred in finding that his exclusion from the shortlist was in compliance with Section 7.4 of ST/AI/2010/3 (Staff selection system). Specifically, the UNAT evaluated Mr. Mirella’s argument that the Hiring Manager erroneously found that he did not meet the...

Mr. Younis appealed. The UNAT found that after perusing the PHP submitted by Mr. Younis, the UNDT had held that the suitability review was correct.  The PHP confirmed the Administration’s assessment of Mr. Younis’ work experience.  The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria.  The UNAT held that even if Mr. Younis was given the benefit of the doubt on the...

The Applicant was not eligible to apply for and participate in the selection process for the Post because, after she passed the G to N exam, she was offered a YPP placement, and refused that YPP placement. The Tribunal finds that the Applicant, a General Service staff who was no longer on the list of “successful candidates” for the competitive examination, was therefore not eligible to apply for and participate in the selection process for positions in the Professional category, including the Post. The decision to exclude the Applicant from the selection procedure for the Post was therefore...