UNDT/2012/176

UNDT/2012/176, Ivanov

UNAT Held or UNDT Pronouncements

Due to the fact that the Applicant had not been rostered following the completion of the initial post selection, he was not eligible for consideration to be selected upon the transfer of the first selected candidate under art 10.4 of ST/AI/2006/3. The selection of a candidate “from the list endorsed by the central review body with respect to the particular vacancy” is a new separate administrative decision and therefore none of the Applicant’s rights were breached by this new selection. Consequently, the Applicant lacks standing to contest the second separate and individual administrative decision to select a candidate other than him.

Decision Contested or Judgment/Order Appealed

The Applicant is contesting the selection of a staff member other than him on the grounds that the successful candidate did not meet the post eligibility requirements.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment

Applicants/Appellants

Ivanov

Entity

DESA

Case Number(s)

UNDT/2010/2012/081

Tribunal

UNDT

Registry

New York