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The Tribunal found that the cancellation of the selection exercise in question on the ground that there was a breach of confidentiality in the recruitment process was a reasonable exercise of discretion. The Tribunal rejected the Applicant’s claim that the decision was tainted by gender discrimination as such claim was not supported by evidence. Regarding the second selection process, the Tribunal found that the Applicant was afforded a full and fair consideration as he was recommended as a suitable candidate, was ranked second in preference, and was not selected as the first recommended...

Merits: The evaluation criteria in the comparative review matrix on record, against which the suitability of job candidates was appraised, did not correspond to the mandatory and desirable/advantageous qualifications, and in light of these anomalies alone, the Respondent failed to minimally demonstrate that the Applicant received full and fair consideration. Considering that the documents on record do not include any specific analysis with supporting documentation as to how the selected male candidate’s qualifications were clearly superior vis-à-vis the Applicant, the Applicant has proved...

The Tribunal found that the main issues for determination in this matter were 1) whether a temporary job opening limited to “local recruitment only” is lawful, and 2) if the Applicant’s candidature was given full and fair consideration. On the first issue, the Tribunal found that the Respondent’s argument that pursuant to section 1.1 of ST/AI/2010/4 Rev.1 (Administration of temporary appointments) the Organization may limit temporary job openings to local recruitment cannot stand. It also found that there were no legal grounds for the Respondent’s assertion that limiting temporary recruitments...

The Organization’s failure to state fully the selection criteria in the GJO constitutes a procedural error in violation of ST/AI/2010/3. The procedural error in the recruitment process did not impact the Applicant’s right to be fully and fairly considered. Her application was fully and fairly reviewed by the hiring manager and it was within the reasonable discretion of the Organization to find that the Applicant’s experience fell short of the minimum criteria.

Upon establishing an assessment panel and conducting competency-based interviews, the general rules and directives pertaining thereto must also be followed, even if the selection exercise is limited to rostered candidates. This must be particularly so where an election is made to follow such process, as in the current circumstances, pursuant to specific instructions from the USG/DM, and where the initial selection exercise appeared marred with irregularity so as to be set aside by the Administration. It goes without saying that a hiring manager and/or panel member should not be, or even be...

UNDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. UNDT held that ‘Priority consideration’ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

The Applicant indicated that he had been promised during a pre-interview presentation that the names of the assessors would be provided. The Respondent failed to present a plausible, or indeed any, basis for the non-response to the Applicant’s proactive inquiry as to the names of the assessors. It would have been proper, under the circumstances, for the Respondent to either dispute the fact of the promise or provide the requested information. The Respondent’s silence drew a finding of impropriety. If the Applicant had received the assessors’ names, he would have had the opportunity to raise...

The Tribunal found that the Applicant’s right to a full and fair consideration of his candidature was not violated. It was thus held that the Applicant’s allegation that the selection process was tainted by extraneous considerations, ill-motive and bias not borne out in evidence. Accordingly, the application was dismissed.

The Applicant was placed on special leave with full pay and not separated at the time of the judgment. Therefore, the appeal of the termination decision has not yet produced direct legal consequences to the Applicant’s terms of employment and is therefore note receivable. The Applicant did not submit the implied decision not to find him a suitable post for management evaluation, therefore this implied decision is not receivable. The Administration considered the Applicant for a post he applied for along with other candidates in violation of the obligation to consider his suitability on a...

The Tribunal finds that the Applicants were misled in that they were not clearly informed, despite their inquiry, that their non-participation in the written test would be taken into consideration in the evaluation of their candidacies. Thus, the Administration violated its duty to act transparently and in good faith with the Applicants. The Tribunal finds that the Administration cannot reasonably take into consideration the performance of a staff member in separate recruitment exercises, even less so when such exercises took place several years prior. The performance in prior selection...