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The Tribunal finds that the Applicants were misled in that they were not clearly informed, despite their inquiry, that their non-participation in the written test would be taken into consideration in the evaluation of their candidacies. Thus, the Administration violated its duty to act transparently and in good faith with the Applicants. The Tribunal finds that the Administration cannot reasonably take into consideration the performance of a staff member in separate recruitment exercises, even less so when such exercises took place several years prior. The performance in prior selection...

The Tribunal held that there was no breach of the applicable procedures in the selection process. The Administration acted in accordance with the UNIFIL guidelines for the selection of staff members. The Applicant was clearly given a full and fair consideration as demonstrated by the fact that she advanced through the process until the final stage. Accordingly, the application was dismissed.

The issue at stake is whether the non-selection decisions were lawful and, if not, what remedies are to be awarded. The scope of the Tribunal’s jurisdiction in selection and appointment matters is twofold: 1) to evaluate if the Administration has followed the pre-established procedures and staff members were given full and fair consideration and 2) to examine if the decision is not blatantly unreasonable, arbitrary or illegal. The Tribunal finds that the fact that the Administration decided to consider the result of the LABEL test when examining applications for the job opening does not amount...

It would make no logical sense to rescind the “the decision to withdraw the offer [the Applicant] received from [the United Nations-African Union Mission in Darfur (“UNAMID”)] for the post of Security Officer at the FS-4 level” because, as a matter of fact, the post no longer exist since it was abolished by 31 December 2017.

Receivability The Applicant’s request for management evaluation was out of time. Thus, the application concerning the Applicant’s separation from service due to post abolition is not receivable ratione materiae. It is clear from the evidence on file that the application concerning the Applicant’s separation from service due to post abolition is time-barred and, consequently, not receivable ratione temporis. Non selection for the re-advertised post of Fundraising Officer The burden to prove unlawfulness in relation to non-selection lays with the Applicant as per the consistent internal case law...

The job description for the position under review contained the same requirements as those agreed for the other services. There was therefore no evidence of ulterior motive in the design of the job description. The position was among those newly created following the reorganization of the concerned Division. While the Applicant disagreed with the way the restructuring was conducted, he was unable to show that the Administration exceeded its discretion. The Applicant failed the test which was eliminatory, therefore, his score at the interview was not taken into consideration. The written...

The Applicant failed to indicate a specific date and content of the challenged administrative decision, as she only recalled an email from the Deputy Director, ID/OIOS, which would purportedly confirm an evaluation of insufficiency of the Applicant’s investigatory experience to be recruited for the advertised post. The Tribunal, having considered the above-quoted content of the email, finds it insufficient to substantiate an administrative decision of definitive exclusion of the Applicant from the selection process. It remains, however, that the Applicant was not called for an interview and...

The decision to cancel JO 74088 The cancellation of JO 74088 relates to specific organizational needs which, in principle, fall out of the scope of the Tribunal’s judicial review and make a challenge against such decision not receivable. The Tribunal recalled that when a selection process is cancelled, there is no administrative decision to contest as it does not fulfill the requirements established by the internal jurisprudence to be considered as such. The decision not to select the Applicant (JO 97210) The Tribunal did not identify any grounds to rescind the decision not to appoint the...

The two desirable criteria that the Applicant was deemed not to have met were indeed listed in the vacancy announcement for the post. It was therefore legitimate for the Respondent under sec. 7.4 of ST/AI/2020/3 to review the candidates against such criteria and use them to determine which of the candidates were more suitable for the post. The Applicant does not show that the description of her duties and responsibilities in her personal history profile demonstrated to the Hiring Manager that she had the required experience. The Respondent did not abuse his discretion in evaluating the...

According to section 9.4 of the staff selection system, a Hiring Manager may lawfully select from a pool of pre-screened candidates without further assessment or referral to a central review body. However, in the case at hand, the Hiring Manager decided to establish a Panel of three senior language professionals to conduct informal interviews with the pre-selected candidates, including the Applicant. There is no provision in the Staff Rules preventing these interviews from being held in Russian. The Applicant further contends that he was discriminated since he has been serving in a Regional...