51ÁÔÆæ

The reasons given by the Administration to cancel the selection process are rational, reasonable and supported by the record. The cancellation of the vacancy announcement was based on organizational and budgetary reasons. The staff member who had a lien on the post did return to her post. The Applicant presented no arguments of substance to call into question the lawfulness of the decision to cancel the selection process. The Applicant¡¯s candidacy was afforded full and fair consideration and it was within the reasonable discretion of the Organization to cancel the temporary position.

At the time of the cancellation, the selection process had not been completed. The cancellation itself was an internal step to facilitate another lawful consideration, to wit, gender parity, within the selection process. It did not occasion the Applicant any direct legal consequences on his terms of appointment or contract of employment.

As MSD is a technical body, the Applicant was required under staff rule 11.2(b) to submit his application against the ABCC¡¯s decision directly to the UNDT without first having recourse to MEU for review.; On the basis of the Applicant¡¯s own admission that no decision has been made in relation to his claim for the injuries to his legs and considering the relevant statutory provisions and jurisprudence, the claim against the SecretaryGeneral under this head must be dismissed on the ground that it is premature.

The Registry of the Tribunal has, in this case, tried to get in touch with the Applicant and her Counsel on record to no avail. While the Applicant has not expressly indicated a desire to abandon proceedings, the Tribunal is in a position where it simply cannot find the Applicant or Counsel acting on her behalf and so, can only assume that she is no longer interested in pursuing this matter any further.

The Tribunal found that the cancellation of the selection exercise in question on the ground that there was a breach of confidentiality in the recruitment process was a reasonable exercise of discretion. The Tribunal rejected the Applicant¡¯s claim that the decision was tainted by gender discrimination as such claim was not supported by evidence. Regarding the second selection process, the Tribunal found that the Applicant was afforded a full and fair consideration as he was recommended as a suitable candidate, was ranked second in preference, and was not selected as the first recommended...

The Tribunal noted that the educational requirement under JO 50523 was a ¡°recognized first-level degree from a university or institution of equivalent status¡± and to ¡°have passed the Russian United Nations Competitive Examination for Translators/Pr¨¦cis-writers¡±. It resulted from the file, and it was uncontested by the parties, that the Applicant holds a Diploma in Economics from the Moskovskij Gosudarstvennyj Institut Mezdunarodnyh Otnosenij (the Moscow State Institute of International Relations, also known as ¡°MGIMO¡±) and that his attendance years were from 1980 to 1986. The evidence on file...

The Organization cannot be held responsible for incorrect information entered by the Applicant that resulted in his screening out of the recruitment process. The lawfulness of the screening out of the Applicant¡¯s candidature does not hinge on whether the Administration knew or could/should have known that the Applicant¡¯s degree was of a higher level than the one indicated in his PHP. The issue of whether the Applicant¡¯s candidature was pre-screened by a Human Resources Officer is irrelevant in determining whether his candidature received full and fair consideration. Hence, implicitly...

A roster is a temporary pool of candidates who were not selected for an advertised position but recommended for it immediately after a competitive recruitment exercise. They are therefore considered pre-approved candidates available for further selections. The provision of rosters is an exception to the general principle that only successful candidates of a competitive recruitment process can be recruited for advertised positions. The institution of rosters is in general allowed in the interest of the Organization, which can so cover staffing needs without a new competitive process being...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...

In light of the Respondent¡¯s acceptance of the findings of the UN Ethics Office that the Applicant¡¯s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal¡¯s review was limited to the issue of compensation. The Tribunal rejected the Applicant¡¯s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...