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The UNDT found that the two posts in question were available only temporarily and therefore the Administration’s decision to advertise them as temporary vacancies was lawful. With respect to the first vacancy, the UNDT found that, as the successful candidate declined the offer, it was appropriate for the Administration to fill the temporarily vacant post through a lateral transfer. The UNDT further found that this decision was made by a person with proper delegation of authority. With respect to the second vacancy, the UNDT found that the selection exercise was also lawful. The application was...

The UNDT found that the post in question was a New York-based post to be assigned to the Entebbe office “subject to finalisation of arrangements for the initiation of a Regional Procurement Office”. This post was filled through a selection exercise that was finalized when the offer of appointment was made to Mr. YK in April 2011. The movement of the selected staff member, along with his post, to Entebbe was not a lateral move or a new recruitment, but rather implementation of the selected staff member’s terms of appointment in line with the vacancy announcement that provided that recruitment...

The UNDT found that OHRM’s decision not to consider (endorse) her for a temporary P-3 post in DM (Umoja) and to deny her conversion from the FS-6 level to the P-3 level was valid and lawful. The decision not to consider the applicant eligible for a temporary P-3 post was correct since she only fulfilled one of the mandatory and cumulative conditions – five years of professional experience – in November 2011. The Organization properly determined that the Applicant could not be converted from the FS-6 level to the P-3 level because there was no contractual relationship between the Applicant and...

The Tribunal found that the acts described under (1), (4) and (5) did not meet the definition of a challengeable administrative decision, whereas the Applicant’s contention with regard to (2) was moot since her appointment had been extended by the Organization and she was not separated after 31 December 2013. The Tribunal further rejected the Applicant’s contention made under (3), as it considered that she did not fall under the categories of staff members for which the Assistant Secretary-General for Human Management has the authority of exceptional placement outside the normal selection...

The Tribunal finds that the Applicant failed to declare the existence of his friendship with the selected candidate, including in response to a direct inquiry prior to the completion of the selection process and during the disciplinary process, and that his actions affected the impartiality and fairness of the selection process and the trust vested in him. The Applicant’s due process rights were respected during each phase of the disciplinary process and the sanction imposed was proportional to the misconduct. The application is therefore rejected. The Applicant did not demonstrate that there...

The UNDT found that the Applicant had personal standing to bring his claim before the Tribunal but he failed to establish that the Administration’s decision to refuse to grant him an exception under Staff rule 12.3(b) and to proceed with the payment of his entitlement was unlawful. The Tribunal further found that the Applicant has manifestly abused the proceedings before it and an award of costs ($5,000) was appropriate under art. 10.6 of the Statute. The Respondent’s contention that the Applicant does not have locus standi was considered without merit. Exceptions under staff rule 12.3: the...

Did the involvement of a retiree from the Organization in the pre-screening and short-listing process, and the competency-based interview, affect the propriety of the selection exercise?The Tribunal found that, while retirees should generally not be hired by the Organization if other options are available, the involvement of a retiree in the selection process did not in any way prejudice the candidacy of the Applicant. The Applicant was found to have met all the requirements for the post, was short-listed and was invited to participate in a competency-based interview. Further, the Applicant...

The UNDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The UNDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the UNDT Statute. The UNDT rejected the application as not receivable ratione materiae.

The staff selection system versus lateral moves: This Tribunal is of the view that, because secs. 2.1 to 2.3 of ST/AI/2010/3 refer to the selection system, including the roster, and sec. 2.5 refers to transfer, which is excluded from the scope of the staff selection system, in accordance with sec. 3.2(l), the hiring manager and the head of department must give priority and exercise their discretion firstly by implementing the roster system right from the beginning of it, deciding if any pre-approved candidate from the roster (who is reviewed and endorsed by a central review body and has been...

Whilst the prescribed form refers to “judgments” and not “orders”, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...