51ÁÔÆæ

UNAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. UNAT held that UNDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. UNAT dismissed the appeal and affirmed the...

UNAT disagreed with UNDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General¡¯s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. UNAT firstly held that UNDT erred when it ruled that the invitation e-mail respected the advance notice requirement. UNAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

UNDT found that the applicant could not be recruited from his general service post to the professional level without undergoing the required examination. The UNDT awarded three-months salary as compensation for the distress caused by the Organization.

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances.As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that...

The Board of Examiners decided that the applicant did not satisfy the educational requirement. The applicant believed that she was qualified because she had obtained a vocational training from the Centre d¡¯Ecriture et de Communication (¡°the Centre¡±), and that supportive remarks made about this by her supervisor and work colleagues confirmed her belief. The Centre was not a university or equivalent institution in the French educational system, and the applicant had not ¡°five years of continuous service with the United Nations Secretariat by 31 December 1989¡±. These prerequisites did not...

The Applicant had been assured of her eligibility, short-listed, interviewed, recommended for the position, and copied on subsequent communications, following which the Administration decided that she was not eligible. The UNDT found that the decision to disregard part of the Applicant¡¯s work experience because it was obtained prior to her Master¡¯s degree was unlawful. The UNDT also found that the decision to disregard, in its entirety, the Applicant¡¯s experience between February 2004 and April 2006 because it was deemed by OHRM to be equivalent to the G-5 or G-6 level, was unlawful...

The Tribunal is satisfied that since the Post was advertised well before the expiry of the roster on which the successful candidate¡¯s name was included, the successful candidate was eligible to be selected from the roster andthe decision to select him from the roster was, hence, proper. The Tribunal finds that as a roster candidate the Applicant should have been informed by the hiring manager within 14 days after the selection decision was made in writing. The Tribunal finds that even in the absence of a clearly stated timeframe for notifying applicants who have been eliminated prior to the...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant¡¯s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

The UNDT found that the decision of USG/DM was proper and lawful because the Applicant did not possess a University degree or the relevant experience as set out in the Vacancy Announcement (VA) of the post to which he had applied. While the VA required an Advanced University degree or a first level University degree with a relevant combination of academic qualifications as well as at least seven years¡¯ experience in administration and human resources or financial/ budget operations, the Applicant had none of these. Equivalence of qualifications to University degrees: Considering that United...

The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the UNJSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The UNDT found that the UNJSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the UNJSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...