51ÁÔÆæ

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT¡¯s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...

The ¡°reason to believe¡± must be more than mere speculation or suspicion: it must be reasonable and hence based on facts sufficiently well founded ¨C though of course, not necessarily proved ¨C to rationally incline the mind of the decision maker to the belief. It is clear that the question is one of fact and degree in which the decision maker is bound to act reasonably but which necessarily involves the exercise of judgment. It is inaccurate to refer to such a judgment as the exercise of a discretion. If the USG in this case had in fact decided that there was ¡°reason to believe¡± that the...

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.

An interview panel set up by a Programme Manager is the Programme Manager¡¯s agent and as the principal, the Programme Manager is bound by the evaluation and recommendations of the panel in so far as the panel does not exceed its mandate. When a head of department having a final say in the making of a selection decision influences the outcome of an interview process and report, the resultant selection process has been unduly interfered with and its integrity compromised. It does not lie within the discretionary authority or prerogative of the Administration to evaluate both 30-day and 60 day...

Case 1. Mere knowledge of or acquaintance with one or more candidates by an interview panel member does not disqualify her or him from being on the panel. It would be otherwise if there were a personal relationship (such as family or friendship) with or personal antipathy for a candidate. The practical apprehension that objective and independent assessment will be adversely affected, quite apart from any issue of fairness, is improper. Where a panel member has another interest that could significantly affect his or her assessment, this should also require exclusion from the panel. In this case...

The applicant was the only 15-day candidate who was interviewed. Interviews of 30-day candidates took place the day following the applicant¡¯s interview. The applicant was not successful; instead, a 30-day candidate was appointed. The applicant submitted that the Administration failed to properly assess her suitability prior to considering other candidates and thus failed to follow the selection procedures applicable to 15-day candidates under ST/AI/2006/3. The respondent argued that the candidate was given priority consideration and was found unsuitable for the post. UNDT found that the...

Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.

Presumption of regularity. There is always a presumption that official acts have been regularly performed, but this presumption is rebuttable. If the Respondent is able to even minimally show that the Applicant¡¯s candidature was given a full and fair consideration, which he did not in the present case, then the presumption of law stands satisfied. Once a minimal showing has been made, the burden of proof thereafter shift to the Applicant, who need to show through clear and convincing evidence that he was denied a fair chance of promotion. Cancelling the first selection exercise and reissuing a...

The e-PAS report for 2007-2008. The Applicant¡¯s behaviour was not appropriate or cooperative, placing her first reporting officer in a difficult position. Nevertheless, under ST/AI/2002/3, it is the duty of the first reporting officer, as well as the head of department and managers with supervisory authority, to make sure that the staff member¡¯s individual work plan is completed on time, and the Organization remains ultimately responsible for the implementation of the e-PAS system. The e-PAS report for 2008-2009. A one-year delay in signing-off on an e-PAS report is clearly improper under sec...