51ÁÔÆæ

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

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...

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 changes in the composition of the assessment panel constituted a procedural error. The choice was left to the hiring manager between different assessment methods. As the Applicant was shortlisted for the competency-based interview, she suffered no prejudice from the absence of a written test. The Applicant disagreed with the evaluation method elected by the Administration but failed to show that the Administration exceeded its discretion in this respect. It could not be concluded that the Applicant would have obtained a different result had the composition of the panel been the same for...

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...

Considering that the Secretary-General has broad discretion in matters of staff selection, the Administration can include more restrictive and yet reasonable criteria in the job opening for the evaluation of candidates. Based on the evidence on file, the Tribunal finds that the assessment was conducted properly and that the Applicant¡¯s qualifications were fully and fairly considered in accordance with relevant law. As the Applicant was not substantially equal or superior to those of competing male candidates, her non-selection did not violate ST/AI/1999/9.