51ÁÔÆæ

UNAT considered the appeals of both Mr Rahman and the Secretary-General. With respect to Mr Rahman¡¯s appeal, UNAT held that his non-selection for the D-2 post was lawful. UNAT found that UNDT very carefully examined the circumstances of Mr Rahman¡¯s interview for the D-2 post and that Mr Rahman did not meet the burden of proof that he had been the victim of retaliatory acts during the selection procedure. UNAT held that Mr Rahman was therefore not entitled to compensation for damages resulting from his non-selection. UNAT found that UNDT correctly held that the decision to reassign Mr Rahman to...

UNAT upheld the Secretary-General¡¯s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant¡¯s candidature full and fair consideration. UNAT held that UNDT properly applied the standard of judicial review to determine whether the Hiring Manager¡¯s decision that the Appellant was not among the most qualified for the post was reasonable. UNAT held there was no reason to reverse the findings of UNDT. UNAT noted that the Appellant merely repeated the arguments he made before UNDT and expressed his disagreement with the findings of the Hiring Manager. UNAT held that...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. UNAT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before UNDT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel¡¯s composition. UNAT held that...

UNAT considered an appeal from the Secretary-General. UNAT held that UNDT did not correctly apply the law in considering Mr Riecan¡¯s challenge to the selection for the post and made errors of law and fact in accepting the staff member¡¯s application. On the UNDT¡¯s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, UNAT held that (1) UNDT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...

UNAT considered the appeal by the Secretary-General. UNAT held that the Secretary-General¡¯s appeal was in direct conflict with his submissions to UNDT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to UNDT, in his appeal he argued that no irregularities happened in removing the Applicant¡¯s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate¡¯s qualifications. UNAT held that no evidence was presented to UNDT of a second assessment by the Hiring Manager or...

UNAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

UNAT held that the Appellant had failed to follow the procedural requirements for an appeal. UNAT noted that the Appellant contested a decision of the Pension Board, which had not been subject to review or appeal, neither by the Staff Pension Committee nor by the Standing Committee, acting on behalf of the Pension Board. UNAT held that it was not allowed to intervene in matters that had not previously been subject to internal reassessment by the Pension Fund. UNAT dismissed the appeal as not receivable.

The appeal is withdrawn and the case is closed.

Reassignments: Staff regulation 1.2 grants broad discretion to the Secretary-General in making reassignment decisions. However, such discretionary power is not unfettered: it is subject to respect for due process, and the absence of bias, discrimination, arbitrariness, or other extraneous motivations. While section 2.4 ST/AI/2006/3.Rev.1 envisages only lateral transfers to vacant posts, it does not preclude other kinds of transfer to be lawfully made. The decision contested in the present case does not contravene the said section 2.4, but falls beyond this provision¡¯s purview and, therefore...

The only issue for consideration by the Tribunal is the adequacy of compensation granted by the Secretary-General to the applicant. The applicant alleged that if the selection process had been lawful, he would have been selected to the post and that the compensation granted did not take into account the decrease in his pension benefits. In order to obtain compensation, it is not enough for an applicant to determine that a procedural irregularity was committed; he should also establish that this irregularity caused him a direct prejudice. Therefore, the applicant should demonstrate that he had...