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The UNAT held that the issues on appeal were whether the UNDT erred in finding that the Secretary-General lawfully exercised his discretion in cancelling the Recruit from Roster Job Opening, whether the decision was supported by a rational and reasonable basis, and whether the UNDT erred in rejecting the staff member¡¯s allegations of discrimination, improper motive, or procedural irregularity.

The UNAT found that the UNDT correctly applied established jurisprudence on staff selection, including the principle that the Administration is not obliged to complete a recruitment exercise once...

The UNAT held that the issues on appeal were whether the UNDT erred in finding that the staff member received full and fair consideration for the Temporary Job Opening, whether it erred in concluding that the non?selection decision was untainted by bias, discrimination, or other extraneous considerations, and whether it erred in declaring certain claims not receivable for failure to request management evaluation. It recalled that its role on appeal is not to conduct a de novo review, but to determine whether the UNDT committed an error of law, fact, or procedure resulting in an unreasonable...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

Mr. Ronved appealed.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that the UNDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the UNDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the UNDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...

The Tribunal finds that the Applicant is challenging an administrative decision that is alleged to be in non-compliance with his terms of appointment or his contract of employment and is not challenging the legitimacy of General Assembly resolution 66/234. The application is accordingly receivable.

The General Assembly resolution, Staff Rules, and the ICSC principles and guidelines are clear and unambiguous. These rules stipulate that GS staff wishing to apply for a professional post must first pass the G to P exam unless exceptional approval for a waiver is granted.

Staff at level FS-5 and...

The ASG/OHR considered all the relevant facts, and weighed the reasons provided by the Director of the RSCE. She considered the circumstances surrounding the Applicant¡¯s prior service on a temporary appointment, and the exception previously granted to the Applicant¡¯s sister.

The Respondent created no legitimate expectation that the exception previously granted to the Applicant¡¯s sister would automatically result in the Applicant being later granted an exception, too; indeed, the derogation in the past had a different factual basis in the type and length of the relationship (and the temporary...

Mr. Younis appealed. The UNAT found that after perusing the PHP submitted by Mr. Younis, the UNDT had held that the suitability review was correct. The PHP confirmed the Administration¡¯s assessment of Mr. Younis¡¯ work experience. The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria. The UNAT held that even if Mr. Younis was given the benefit of the doubt on the...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request. The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening. The...

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

UNAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that UNDT should have only received her application against the selection decision. UNAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the UNAT Statute, however, UNAT considered the appeal on the basis that the Appellant was self-represented. UNAT rejected the Appellant¡¯s allegation that the case management of UNDT was flawed. UNAT held that the re...