UNDT/2013/041, Charles
Of the 128 candidates who applied for the post, three were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The UNDT found that the advertised position was not a generic job opening but a position-specific job opening. The UNDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that affords other candidates’ right to full and fair consideration and contrary to the requirements of art. 101.3 of the United Nations Charter and staff regulation 4.2 was not permissible. The UNDT found that roster candidates are not a separate privileged class of candidates for position-specific job openings and cannot be treated as such as no priority consideration is envisaged for them under ST/AI/2010/3. The UNDT found that, by not considering the Applicant because he was not a previously rostered candidate, the Administration failed to give him full and fair consideration. The UNDT awarded the Applicant USD1,000 as compensation for the breach of his rights and resultant harm.
The Applicant, a staff member in the Procurement Division of the Department of Management of the United Nations Secretariat in New York, contested the decision not to select him for the post of Procurement Officer (Operations).
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