51ÁÔÆæ

The Tribunal dismissed the application on the merits.

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...

Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the Organization¡¯s internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a mere communication conveying discontent to ¡°management¡± does not amount to a formal management evaluation request. Management evaluation is a formal process involving a request to the body specifically vested with the authority to look into a contested decision, to consider whether it conformed with the applicable rules of the...

The Tribunal granted the application is part and awarded the Applicant USD4,000 in compensation for procedural violations.

The main issue for determination in this matter is whether the advertised job opening was a ¡°recruitment from roster¡± position, thus barring the Applicant from competing for it. If it was not, a resulting issue to examine would be what remedies, if any, the Applicant is entitled to. The Tribunal noted that in the case at hand, nothing in the vacancy announcement indicated that only candidates from the language or any other roster for that matter were eligible to apply. The Tribunal found that the Organization cannot be permitted to post vacancy announcements and use eligibility requirements...

Disclosure: The Respondent¡¯s disclosure obligation in proceedings concerning appointment and promotion is twofold. Firstly, the Respondent shall produce evidence to satisfy his own burden to minimally show that the staff member¡¯s candidature was given full and fair consideration. Secondly, the Respondent shall disclose any document in his possession that is relevant to the determination of the Applicant¡¯s case, as presented in his or her application. This duty of candour that falls on the Respondent is necessary to ensure that staff members have access to justice. When the Respondent fails to...

The Tribunal found that UNMISS was incorrect when it restricted applicants to the TJO to staff already employed by UNMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant¡¯s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant¡¯s right to a full...

It was not disputed that the procedural flaws identified by Judgment Rodriguez-Viquez UNDT/2016/030 in respect of the Second Round of the 2013 Promotions Session for candidates for promotion to the P-5 level also vitiated the consideration of candidates to the D-1 level and thus impacted on the Applicant¡¯s chances to be promoted. The Tribunal noted that it was difficult to ascertain the chances that the Applicant had to be promoted but it was uncontested that they were significant. The Tribunal thus rescinded the contested decision. The Tribunal referred to Rodriguez-Viquez whereby the...

The Applicant¡¯s allegations of abuse of power arose from an understandable and reasonable suspicion but are not substantiated by the evidence heard by the Tribunal.; The re-advertisement of the contested position including a description of the operational context does not constitute a procedural flaw and the explanations provided are sufficient to conclude that it was not prompted by an ulterior motive.; The Applicant has not demonstrated that he was subjected to a detriment by any procedural or substantive error in respect of the first advertised JO. The Tribunal finds that the Applicant¡¯s...

Was the Applicant¡¯s candidature given full and fair consideration?; As an international multilateral organization with Member States having different descriptions in respect of academic qualifications, the Organization has a contractual obligation and a duty of care and due diligence towards its staff members to ensure that their candidatures are fairly and properly considered. The use of Anglo-Saxon terms to the apparent exclusion of the terminology used by other educational systems is not consistent with the proper exercise of that duty of care, or of the fair consideration of the Applicant...