UNDT/2016/213, Faust
The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-à -vis the Applicant. Any procedural flaw in that respect will therefore not impact on the Applicant’s right to full and fair consideration. Absent any absurdity or manifest unreasonableness, the Tribunal will not interfere with the content of a written test. Experts: The Administration disposes of large discretion in the determination of who is a subject matter expert for the purpose of a selection exercise, and the Tribunal will not easily interfere with that discretion. Extraneous factors: The burden of proof with respect to extraneous factors and bias allegedly demonstrated by the Panel members in a selection exercise falls on the Applicant. In making the assessment whether there was evidence of bias, the Dispute Tribunal may take into account a final ruling by the Appeals Tribunal rejecting an appeal by the Applicant against a decision that her complaint of harassment was unfounded.
The Applicant contests the decision not to select her for the P-2 post of Associate Program Officer at the United Nations Framework Convention on Climate Change (UNFCCC). She claimed that the conduct of the written test and the composition of the Interview Panel were done in violation of the relevant rules, and that the interview report showed bias against her.
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