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The UNAT considered an appeal by the Secretary-General.

The UNAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The UNAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The UNAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The application can be decided through a summary judgment as there was no controversy on the facts, and the legal matter at stake was already been decided by this Tribunal in its Judgment Krioutchkov UNDT/2021/052.

The Applicant decided not to participate in the written assessment, which was a compulsory step in the recruitment process. It follows that his non-selection for the vacant post was exclusively a consequence of his own actions and, as per Loeber 2018-UNAT-836, he stopped himself from contesting the selection outcome.

Although the schedule of the written assessment was probably...

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...

Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO’s) presence in the other CBIs gave them a better chance.  Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature.   The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...

Mr. Krioutchkov appealed. UNAT found that the UNDT correctly held that the timing of the written test was justifiable in that holding the test at a set hour worldwide was a rational way of avoiding leaks of the test materials. The inconvenience to the Administration of accommodating different test schedules outweighed the inconvenience of Mr. Krioutchkov being required to adjust his schedule. The scheduling decision was accordingly reasonable. Moreover, having refused to participate in the written examination, Mr. Krioutchkov was estopped from challenging the non-selection decision. UNAT found...

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 rejected the request that the Secretary-General produced the underlying job description for the post, to verify if a typing requirement had been introduced since the last revision, finding that it would be neither necessary nor useful for the fair and expeditious resolution of the case. UNAT held that the Appellant had failed to demonstrate that the contested decision fulfilled objective criteria of UNAT’s competence. UNAT held that, considering that the test was to be taken online, with the Appellant being based in Bangkok and the test being administered from New York, it was normal to...

UNAT agreed with UNDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. UNAT found no reason to differ from UNDT’s approach. UNAT supported UNDT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. UNAT suggested that UNDT and the Registries...

UNAT considered appeals from both the Secretary-General and Mr Chhikara. UNAT held that UNDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their “key” answers, which directly related to the written test which Mr Chhikara failed. UNAT held that, by rejecting Mr Chhikara’s request for the missing evidence and judging the case without it, UNDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. UNAT noted that the interests of justice and judicial economy may be...

UNAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. UNAT held that accounting for factors such as UNAMID’s scorecard with respect to gender targets and the selected candidate’s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General’s discretion to do so. UNAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. UNAT held that the Appellant was unable to show through clear and...