Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
The irregularities detected in the selection process were of such gravity—not keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications—that they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant’s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...
The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant’s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...
The record provided to Central Review Panel (CRB) was incomplete. The Tribunal therefore finds that the Respondent has failed to demonstrate with a minimal showing that the Applicant’s job candidature was properly assessed by a CRB. The Respondent has failed to demonstrate with a minimal showing that the Applicant received a timely notification of her application being unsuccessful. The general principle provides that the responses to a written test should be graded on an anonymous basis to give full and fair consideration to the job candidatures. Copying members of an assessment panel into an...
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
The Tribunal found that the application, insofar as it contests the SPA decision and the Reclassification decision, is not receivable. The Applicant submitted his SPA claim three years too late, therefore, his claim is timebarred. As the Applicant never requested reclassification, there is no final administrative decision regarding reclassification. Without a final administrative decision regarding classification, the Dispute Tribunal lacks jurisdiction to adjudicate the Reclassification decision. The Tribunal found that the ToRs decision was lawful on the basis that the Administration...
The Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.
The Tribunal finds that the Applicant’s motivations for accepting his appointment to the P-3 post have no bearing on the lawfulness of the decision. The Applicant was cautioned in advance of his right to apply for other vacant posts, and he voluntarily decided to apply for a lower-level post. The Applicant, upon selection for the P-3 level post, was cautioned that he would be appointed at the P-3 level regardless of the grade of the post he encumbered at the time. This course of action was open to the Organization under UNFPA’s staffing policy. The Applicant then proceeded to accept this...
