51ÁÔÆæ

The Applicant had been assured of her eligibility, short-listed, interviewed, recommended for the position, and copied on subsequent communications, following which the Administration decided that she was not eligible. The UNDT found that the decision to disregard part of the Applicant¡¯s work experience because it was obtained prior to her Master¡¯s degree was unlawful. The UNDT also found that the decision to disregard, in its entirety, the Applicant¡¯s experience between February 2004 and April 2006 because it was deemed by OHRM to be equivalent to the G-5 or G-6 level, was unlawful...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties¡¯ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

Any decision issued by the Advisory Board on Compensation Claims( ABCC) will be a new administrative decision which will supersede the one contested in the present case and which will be subject to this Tribunal¡¯s authority upon the filing of an application by either of the concerned parties.

The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the UNSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 UNSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 UNSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

The UNDT rejected the application. Scope of judicial control: In appointment and promotion matters the Tribunal's role is limited to examining whether the Applicant¡¯s candidature was given full and fair consideration, whether the decision was taken without any bias against the Applicant, whether proper procedures were followed and whether all relevant material was taken into account. Elements prior to the selection process¡ªsuch as a restructuring exercise, the transfer of the selected candidate to a given post¡ªare normally not under consideration. Administration¡¯s discretion to define the...

The Tribunal was not persuaded by the Respondent¡¯s submission that because the Ethics Office is independent, its acts and/or omissions are not subject to judicial review. However, the Tribunal found that, given the current state of the jurisprudence, it had no option but to accept that, in accordance with the Appeals Tribunal judgments in Wasserstrom 2014-UNAT-457 and Nartey 2015-UNAT-544, the matters contested in the applications are not administrative decisions subject to judicial review.

The UNDT found that the facts in this case have not been established to the required standard, that is, the alleged misconduct has not been established by clear and convincing evidence. The Respondent¡¯s case was based on inconclusive evidence linked together by certain inferences and assumptions, without other possible explanations having been given due weight and consideration. As the facts have not been established, the Applicant¡¯s actions cannot be classified as misconduct and no disciplinary measures should have been applied to the Applicant. The UNDT found that this case was not marred by...

The Tribunal found established that the Hiring Manager had a certain bias against candidates who, like the Applicant, were already working at the Division when she joined it as its Director. However, this bias did not crystallise so as to have had an impact on the Applicant¡¯s candidature as all candidates¡¯ tests were rated on an anonymity basis by four panel members. The Administration made a minimal showing that the procedure had been proper by following a protocol designed to ensure the candidates¡¯ anonymity until after the written test was graded and, hence, the burden of proving that the...

The UNDT remanded the Applicant¡¯s request to the Secretary-General for consideration. The UNDT directed that, within one month of the date of this judgment, the Applicant shall submit any further documentation to the MSD New York that he wishes to be taken into consideration. The UNDT further ordered that, within 90 calendar days of the date of this Judgment, the Respondent, through a properly designated office, shall render a decision on the Applicant¡¯s request.