51ÁÔÆæ

UNAT considered appeals from both the Secretary-General and Mr Chhikara. UNAT held that UNDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their ¡°key¡± answers, which directly related to the written test which Mr Chhikara failed. UNAT held that, by rejecting Mr Chhikara¡¯s request for the missing evidence and judging the case without it, UNDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. UNAT noted that the interests of justice and judicial economy may be...

UNAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. UNAT held that the decision of the Administration to limit the appointment to UNMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, UNAT vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP¡¯s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. UNAT held that UNDT erred by conducting a de novo assessment of Ms Sarrouh¡¯s performance and exceeded its competence. UNAT held that UNDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. UNAT held that UNDT erred in...

ArUNAT held that UNRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, UNAT held that UNRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. UNAT held that the inference drawn by UNRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

UNAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. UNAT held, in agreement with the UNDT¡¯s conclusion, that the Appellant had failed to show that the Hiring Manager¡¯s intervention in the preparation of the written test resulted in her non-selection for the contested post. UNAT held that the Appellant¡¯s claim was fully and fairly considered by UNDT. UNAT found no fault in UNDT¡¯s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant¡¯s right...

UNAT held that UNRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. UNAT found no reason to differ from the conclusion of UNRWA DT, that UNRWA could not have considered the Appellant as having the requisite international experience. UNAT held that UNRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. UNAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. UNAT held that the...

UNAT held that UNDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. UNAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. UNAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. UNAT held that UNDT committed no error of law, fact, or...

UNAT held that the UNDT¡¯s suggestion that the standard of proof required to rebut the presumption of regularity should be one of preponderance of evidence, was not correct and that the rebuttal of the presumption should occur only where clear and convincing evidence establishes that an irregularity was highly probable. UNAT held that the Appellant¡¯s version did not support an inference of corruption of the process or that he was not fully and fairly considered. UNAT held that although the Appellant met all the educational, work experience, and language requirements of the position, he failed...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. UNAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the UNDT decision did not escape the fact that it was known to him at the time. As another...

UNAT refused the Appellant¡¯s application for an oral hearing. UNAT held that the eleven new grounds of appeal raised by the Appellant for the first time on appeal were not receivable. They were for the most part alleged minor procedural defects that in all probability if proven, would have minimal, if any, impact on the fair and full consideration received by the Appellant. UNAT held that the reasoning of UNDT was sound and unassailable, that it correctly determined the issues and dismissed the Appellant¡¯s grounds of review for sustainable reasons. UNAT held that it was unable to identify any...