�鶹��ý

UNAT considered an appeal by the Secretary-General. UNAT held that no reasonable or objective analysis of Mr Luvai’s submissions to management, prior to his application to UNDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by UNDT. UNAT held that UNDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai’s firearm licence, UNDT exceeded its competence. UNAT held that UNDT...

UNAT considered an appeal by the Secretary-General. UNAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. UNAT held that the test for apparent bias applied by UNDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. UNAT held that UNDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

UNAT held that it was disingenuous for UNRWA to suggest that the Appellant’s transfer application was considered in the same manner as the two candidates who were selected from the roster. UNAT held that UNRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant’s due process entitlements. UNAT held that UNRWA DT erred in law in relying on the authority of the Director of UNRWA Affairs, Lebanon, to reject the Appellant’s application for assignment. UNAT did not uphold the contention that the Appellant had a legitimate...

UNAT held that the Appellant’s argument that UNDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. UNAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of UNDT to determine admissibility and weighing of evidence, UNAT held that there was no merit in the Appellant’s submission that UNDT erred in law and fact when it failed to draw the necessary inference from...

On the basis that the Appellant did not raise claims under the UNAT Statute, reargued the claims he presented to UNDT and failed to explain how UNDT erred in deciding his claims, UNAT dismissed the appeal. UNAT held that UNDT did not make any errors of law or fact in denying the Appellant’s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. UNAT held that UNDT properly refused to address the Appellant’s various claims of harassment on the ground that he failed to establish proof...

UNAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, UNAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are “clearly” superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...

UNAT upheld the Secretary-General’s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant’s candidature full and fair consideration. UNAT held that UNDT properly applied the standard of judicial review to determine whether the Hiring Manager’s decision that the Appellant was not among the most qualified for the post was reasonable. UNAT held there was no reason to reverse the findings of UNDT. UNAT noted that the Appellant merely repeated the arguments he made before UNDT and expressed his disagreement with the findings of the Hiring Manager. UNAT held that...

UNAT rejected the request that the Secretary-General produced the underlying job description for the post, to verify if a typing requirement had been introduced since the last revision, finding that it would be neither necessary nor useful for the fair and expeditious resolution of the case. UNAT held that the Appellant had failed to demonstrate that the contested decision fulfilled objective criteria of UNAT’s competence. UNAT held that, considering that the test was to be taken online, with the Appellant being based in Bangkok and the test being administered from New York, it was normal to...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. UNAT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before UNDT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel’s composition. UNAT held that...

UNAT considered the Secretary-General’s appeal. UNAT held that Mr Kucherov did receive full and fair consideration for the post which was finally filled by another candidate. UNAT found no flaw in the competitive selection procedure and agreed with the Secretary-General that the UNDT judgment contained errors of fact and law. UNAT noted that Section 7. 5 of ST/AI/2010/3, as amended, does not require a job opening to identify the specific assessment method to be used for the evaluation of technical skills. Rather, it provides that it may include a competency-based interview and/or other...