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UNAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. UNAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. UNAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. UNAT held that...

UNAT held that UNDT was correct in finding that “consideration” of a candidate for the purposes of ST/AI/2006/3 did not necessarily mean that a candidate can only be meaningfully considered once the relevant assessment tools have been administered to the candidates and the outcome communicated to them. UNAT held that the fact that the Administration invited the 30-day mark candidates to undertake a written test before the assessment of the 15-day mark candidates was completed did not mean that the Appellant was not afforded priority consideration. UNAT noted that the written test had taken...

UNAT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by UNDT, which was not the purpose of an appeal. UNAT held that the Appellant had not met the burden of demonstrating that the UNDT had erred in assessing the damages. UNAT held that UNDT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant had merely repeated his submissions before JAB and UNDT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the UNDT. UNAT held that the Appellant did not possess the relevant professional qualification. UNAT held that UNDT had not erred in affirming the JAB’s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. UNAT held that UNDT’s focus on the requirement of professional legal experience did not...

UNAT considered the Secretary-General’s appeal. UNAT noted that UNDT did not find that the Applicant was distressed by UNHCR’s illegal conduct or that he had suffered any adverse consequences or harm from UNHCR’s procedural error in following the opinion of DSS. UNAT held that UNDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. UNAT upheld the appeal and reversed the UNDT judgment regarding the award of damages to the staff member.

UNAT considered an appeal by the Secretary-General. The Secretary-General asserted that UNDT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-UNAT-076) and Wu (2010-UNAT-042), UNAT noted that it previously awarded compensation in the amount of two months’ net base salary where the decision not to appoint the applicants was procedurally flawed. UNAT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. UNAT also noted...

UNAT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that UNDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, UNAT found that UNDT placed undue weight on Ms Simmons’ omissions and/or actions. UNAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, UNAT held that UNDT did not...

UNAT held that UNDT’s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. UNAT relied on its holding in Hastings (2011-UNAT-109), where it held that the trial court is in a much better position than UNAT in assessing the probabilities of a candidate being selected for a position. UNAT also found that UNDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. UNAT further dismissed the Appellant’s request to award costs against the Secretary-General, noting that there were...

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, UNAT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, UNAT noted that not every violation of due process will necessarily lead to an award of compensation...

UNAT considered an appeal by the Secretary-General. UNAT held, in agreement with the Secretary-General, agreed that there were no grounds to award compensation. UNAT noted that there was no administrative decision being contested in this case, as both parties accepted the decision to promote Ms Kamal and she had not identified any illegality that could lead to an award of compensation. UNAT found that the delay in completing the selection process could not be considered a valid ground for compensation, since the circumstances of the case did not show any negligence or violation of specific...