51ÁÔÆæ

The failure to consider the Applicant¡¯s e-PAS reports and to address them especially in the context of the disparity between its ratings and those of the Applicant¡¯s reporting officers on the same competencies and within the same organization was a serious flaw in the selection process. UNDT was satisfied that the panel met its requirement of asking probing questions, even if the report reflected it as ¡°prompting¡± rather than ¡°probing.¡± The absence of an ex-officio member on the assessment/interview panel by itself could not vitiate the selection exercise. The Applicant¡¯s candidacy for the...

Full and fair consideration: In the absence of concrete, convincing evidence, the mere fact that it is possible, theoretically, to alter/tamper a written test will not suffice for the Tribunal to conclude that an Applicant¡¯s candidature was not given full and fair consideration. Also, where no one of the people involved in the administration of the test had a motive to manipulate it, the Tribunal will not find that the decision had been influenced by extraneous factors. The burden of proof in these matters lies on the Applicant. Good management practice: The Administration should take measures...

Disclosure: The Respondent¡¯s disclosure obligation in proceedings concerning appointment and promotion is twofold. Firstly, the Respondent shall produce evidence to satisfy his own burden to minimally show that the staff member¡¯s candidature was given full and fair consideration. Secondly, the Respondent shall disclose any document in his possession that is relevant to the determination of the Applicant¡¯s case, as presented in his or her application. This duty of candour that falls on the Respondent is necessary to ensure that staff members have access to justice. When the Respondent fails to...

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, UNAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant¡¯s...

The Tribunal concludes that the Hiring Manager erred in finding that the selected candidate¡¯s Master¡¯s degree was related to, and therefore relevant for, any of the required specifically mentioned areas (computer science, information systems, mathematics, statistics) and wrongly determined that she fulfilled the educational requirement.; The Tribunal concludes that an additional criterion was used to evaluate only the selected candidate for the post, namely field experience, and that this criterion was not included in the Job Opening and the Hiring Manager erred in finding that the selected...

Assessment process; The Tribunal notes that in her entire application, the Applicant did not provide any proof of the allegations of bias and the negative influence of the Chief of Human Resources in the recruitment process. The Applicant¡¯s further allegations of irregularity in the recruitment process have equally not been substantiated.; Since the Applicant was found not to be a suitable candidate and consequently not among the recommend[ed] candidates, her arguments on the lack of application of the gender parity considerations and the recruitment of an external candidate are not matters...

The Tribunal notes that, while the non-selection decision is not explicitly mentioned in the Applicant¡¯s list of impugned decisions in his management evaluation request, it could be regarded as subsumed under the description of ¡°preselecting particular posts to go to external candidates¡± and the suggestion that the process was not transparent but ¡°opaque¡±. The Applicant did request management evaluation of the non-selection decisions and that his claim in this regard is receivable pursuant to art. 8.1(c) of the Dispute Tribunal¡¯s Statute and staff rule 11.2(a). As the Applicant failed to...

The Applicant was invited to and successfully passed the assessment process, during which the assessment panel evaluated his technical skills and competencies through a written test and a competency-based interview, pursuant to sec. 7.5 of ST/AI/2010/3/Amend. 1. As a consequence, the Applicant was placed on the list of recommended candidates by the hiring manager for review by the CRC, pursuant to secs. 7.6 and 7.7 of ST/AI/2010/3/Amend. 1. Both parties agree that this evaluation process was conducted in accordance with the applicable procedures.; In reviewing the selection process, the CRC...

The Tribunal found that the Applicant had not received the fullest regard due to him as an internal candidate. The Tribunal found it appropriate in this case to award USD5,000 as compensation for the loss of opportunity and USD4,000 for moral damages. Related

Receivability While staff rule 11.2(c) does not explicitly require written notification, sec. 10.1 of ST/AI/2010/3 does so in cases of non-selection for candidates that had been convoked for assessment. Since the Applicant was convoked for assessment¡ª i.e. she was invited to take the written test¡ªand she was not successful, she had to be notified in writing. Therefore, and although the Applicant became fully aware of her non-selection on 26 May 2016, the Tribunal found that the statutory time limit for the request for management evaluation did not start to run on that day and the application...