Management evaluation: Pursuant to well-settled case law of the Dispute Tribunal and the Appeals Tribunal, requests for administrative review or management evaluation are mandatory first steps in the appeal process. Improper motives: The onus is on the applicant to provide sufficient evidence that the contested decision was tainted by improper motives.
The Tribunal found that the decision was lawful and that the case file did not allow concluding that it was tainted by favoritism for the selected, external candidate, inter alia, since the HM had initially recommended an internal candidate. Procedural irregularities: The decision not to convoke a shortlisted, internal candidate, who was not recommended by the HM, for a test and/or interview is in accordance with the applicable rules at UNHCR. UNHCR policy on comparative review is not applicable in cases of non-selection not involving the abolition of post. Discretionary authority: In...
With respect to the first contested selection process, the UNDT found that the Applicant was properly considered for it but was determined as not suitable. With respect to the second contested selection process, the UNDT found that the Respondent’s explanation that the post was not filled due to reasons not related to the Applicant’s candidacy was credible. The UNDT rejected the application.
He alleged that the non-renewal of his appointment was based on discriminatory grounds, i.e. because of his Kurdish ethnicity, and not for reasons of force majeure, namely due to the occurred earthquake, leading to the subsequent closure of the UNHCR office in Van/Turkey. The UNDT found that the decision not to renew his appointment was lawful, as the Applicant failed to adduce evidence of any breach of his rights.
The Tribunal found that art. 17 does not refer to an evaluation by a medical practitioner selected by the Administration in cases of requests for reconsideration and that the Administration failed to follow the correct procedure when it did not convene a medical board. It further noted that the Administration could not, under art. 17, use an independent medical evaluation by a practitioner established in the framework of the initial assessment of a disability benefit under the Pension Fund Regulations. The Tribunal further stressed that the independent medical evaluation failed to address the...
Non-renewal: A non-renewal decision can be based on a mere reduction of work, based on a workload prognosis—made at the time of the decision. This can lead to a situation where a regular budget post remains vacant without actually being abolished. There is no legal obligation for the Administration to renew a staff member’s FTA based solely on the fact that the respective post is funded. On the contrary, it may be in the best interest of the Organization to save money instead of using available resources at all cost. In assessing future workload, the Administration necessarily has to make some...
Non-renewal: A non-renewal decision can be taken on the basis of a projected reduction of workload; in assessing future workload, the Administration necessarily has to make some prognosis, on the basis of the elements available at the time of the contested decision. Factual developments relating to the future workload after the date of the decision have to remain out of consideration, and do not have an impact on the legality of the decision under review. Extraneous factors: The burden of proof with respect to extraneous considerations falls on the Applicant. Ultra vires: A non-renewal...
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...
