51ÁÔÆæ

The Tribunal found that the hiring manager acted on the basis of a flawed understanding of the role of competency-based interviews under ST/AI/2010/3 when he fettered his discretion by declining to recommend the Applicant for promotion based only on the result of his competencybased interview. Further, the hiring manager ignored relevant material when he did not take into account the Applicant¡¯s performance assessment reports, which indicated that he was ¡°outstanding¡± at teamwork.

Selection processes and job openingsThe Tribunal appreciates that the selection process for a post starts with the creation of a job opening (sec. 3.1 of the Hiring Manager¡¯s Manual) and ends when the Head of the Office/Department makes the selection decision (sec. 14.3.7 of the Hiring Manager¡¯s Manual). A new job opening represents the beginning of a new selection process and cannot be created and or viewed as a continuation of a previous selection process that has been initiated by the publication of the first job opening for the same post. Composition of assessment panelThe Tribunal notes...

The Tribunal found that the Applicant has discharged the burden of proof in showing that her non-selection for the upgraded post and her subsequent separation from the Organization were motivated by bias, procedural breaches, retaliation and other improper motives. Procedural flaws - The UNIFEM Selection Guidelines were not complied with during the selection process. The Tribunal found several procedural flaws in the selection process. Priority Consideration - Priority consideration is only to be exercised if an Applicant entitled to it is recommended for appointment following an interview...

Selection process: The Tribunal accepted that in the absence of any incumbent of the D-2 post, the decision of the USG/DFS, as Head of Department, to assume direct responsibility for the recruitment process through the Chief of Staff, was not an improper exercise of discretion.Second set of interviews and composition of the Second Panel: The Tribunal found that the decision to hold a second round of interviews, and the composition of the Panel, did not amount to a procedural irregularity in the particular circumstances of this case.Lengthy delay in the selection procedure: The Tribunal...

Lawfulness of competency-based interview: On the basis of the context and requirements of the Hiring Manager¡¯s Manual and the Inspira Recruiter¡¯s Manual, the Tribunal interpreted section 1(c) of ST/AI/2010/3 as requiring that an assessment panel should normally have three members that must include a female and two subject matter experts. Given this interpretation, the Tribunal concluded that the Panel was not properly constituted as it did not have two subject matter experts. The Tribunal accepted that in evaluating candidates for selection there is inevitably some overlap of the competencies...

The Tribunal noted that: (a) there was no female member in the assessment panel, (b) the panel¡¯s evaluation of the candidates was substantially modified between its adoption by all three panel members and its scrutiny by the competent Central Review Committee (¡°CRC¡±), (c) the Hiring Manager failed to transmit his final recommendation to the decision-maker; instead the CRC Secretariat forwarded the selection record (with only one recommended candidate) to the decision-maker, and (d) the Applicant was not notified of his non-selection within the prescribed 14 days of the decision; rather, he...

Nowhere in the Policy is using interviews or written test to appraise the competencies and/or qualifications of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). No matter what the Applicant¡¯s status was at the time of the selection process, the fact that the UNHCR...

Nowhere in the UNHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). The fact that the UNHCR policies make no specific stipulations about whether skills, competencies and...

The Applicant indicated that he had been promised during a pre-interview presentation that the names of the assessors would be provided. The Respondent failed to present a plausible, or indeed any, basis for the non-response to the Applicant¡¯s proactive inquiry as to the names of the assessors. It would have been proper, under the circumstances, for the Respondent to either dispute the fact of the promise or provide the requested information. The Respondent¡¯s silence drew a finding of impropriety. If the Applicant had received the assessors¡¯ names, he would have had the opportunity to raise...

The Applicant¡¯s allegation that the preferred candidate was selected mainly to satisfy guidelines for gender parity and balance was not factual since the candidate was also better qualified for the post than the Applicant, based on the records of the candidates submitted in response to the job opening.