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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...

With regard to GJO No. 425940, the Tribunal found that the Applicant had been notified on 19 February 2014 that his application had been unsuccessful. The Applicant did not request management evaluation of that decision until over four years later. Consequently, the Tribunal held that the claim relating to GJO No. 425940 was not receivable ratione materiae and it was dismissed. For GJO No. 76109, the Tribunal held that the Applicant had not satisfied his burden of proof to show through clear and convincing evidence that the Administration did not give his candidacy fair and adequate...

The Tribunal finds that the mere fact that the Applicant was not invited to a competencybased interview following the written assessment did not give rise to an administrative decision, and that such a step of the selection process may only be challenged in the context of an application against a specific decision with clear and direct legal consequences on the Applicant, such as the final selection decision. The Tribunal has accepted in the past that certain intermediate decisions in a selection process—such as when a candidate is found not suitable/ineligible for a given post— constitute...

The Tribunal finds that the mere fact that the Applicant was not invited to a competencybased interview following the written assessment did not give rise to an administrative decision, and that such a step of the selection process may only be challenged in the context of an application against a specific decision with clear and direct legal consequences on the Applicant, such as the final selection decision. The Tribunal has accepted in the past that certain intermediate decisions in a selection process—such as when a candidate is found not suitable/ineligible for a given post— constitute...

These positions to which the Applicant applied required specialized work experience which the Applicant did not have. The Administration reasonably concluded that the Applicant did not meet the minimum work experience required for these respective positions. Potential vacant posts likely to be created by an upcoming restructuring plan are not considered available posts. The Administration lawfully did not consider the Applicant for any potential vacant post. The Administration reviewed the Applicant’s candidacy for the positions he applied for and lawfully determined that he did not meet the...

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.