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The Tribunal found that the contested decision was lawful and that the selected candidate met the required work experience for the post. Computation of part-time experience: The conversion of part-time work experience to relevant work experience is within the discretion of the administration as long as the method used is not arbitrary or irregular. Written tests: Though there are no established rules and or guidelines for the rating system and the distribution of points for a written test exercise, a hiring manager has discretion in developing a standard to be used to govern the awarding of...

The UNDT found that there was a breach of the post selection process but that the Applicant did not suffer any damages as he did not meet one of the core competencies for the post. The Applicant has not put forward any evidence that the vitiated selection process with regard to the Post resulted in him suffering damages of any kind. Consequently, the application is granted with regard to the breach of ST/AI/2006/3 however no award of compensation is warranted.

In the present case, the decisions to decline access to documentation were not substantive administrative decisions. Access to documents for the purposes of the Applicant’s claim before the Tribunal is an evidentiary matter resolved by orders of the Tribunal. The decision not to include the Applicant in the professional roster following competency based interviews for the Fukuoka post was lawful as it was taken after a selection process conducted in accordance with the procedures required by ST/AI/2010/3. There is a presumption of regularity in the staff selection processes “that official acts...

The Tribunal ruled that the selection procedure was flawed on grounds that: (a) first and foremost, the evaluations of the candidates as agreed to by the panel had been substantially modified prior to their transmission to the Director-General, UNOG, for the final decision, without the approval of the panel members; (b) the panel gave the Applicants misleading instructions during the interview that impacted negatively on their ratings; (c) the Director-General, UNOG, was not demonstrably provided with a documented record enabling him to make an informed selection decision; (d) no written...

Application of ST/AI/2002/4 to field mission personnel: The Tribunal held that since ST/AI/2002/4 excludes field mission staff members, like the Applicant, from its ambit it could not be made applicable in the current matter in the absence of a formal decision by the Secretary-General to make the administrative instruction applicable to a staff member who is clearly excluded from its purview. The Tribunal also held that ST/AI/2002/4 could not be made applicable to the Applicant by invoking the best practices rule or argument. Implementation of selection decisions: The Tribunal concluded that...

The UNDT found no impropriety in connection with the successful candidate’s lateral moves. The UNDT found that whether or not the successful candidate had two lateral moves was not determinative in this case as the Applicant was not recommended for the post for reasons unconnected to the successful candidate’s eligibility. The application was dismissed.

The Tribunal found that the hiring manager acted on the basis of a flawed understanding of the role of competency-based interviews under ST/AI/2010/3 when he fettered his discretion by declining to recommend the Applicant for promotion based only on the result of his competencybased interview. Further, the hiring manager ignored relevant material when he did not take into account the Applicant’s performance assessment reports, which indicated that he was “outstanding” at teamwork.

Selection processes and job openingsThe Tribunal appreciates that the selection process for a post starts with the creation of a job opening (sec. 3.1 of the Hiring Manager’s Manual) and ends when the Head of the Office/Department makes the selection decision (sec. 14.3.7 of the Hiring Manager’s Manual). A new job opening represents the beginning of a new selection process and cannot be created and or viewed as a continuation of a previous selection process that has been initiated by the publication of the first job opening for the same post. Composition of assessment panelThe Tribunal notes...

The Tribunal found that the Applicant has discharged the burden of proof in showing that her non-selection for the upgraded post and her subsequent separation from the Organization were motivated by bias, procedural breaches, retaliation and other improper motives. Procedural flaws - The UNIFEM Selection Guidelines were not complied with during the selection process. The Tribunal found several procedural flaws in the selection process. Priority Consideration - Priority consideration is only to be exercised if an Applicant entitled to it is recommended for appointment following an interview...

Selection process: The Tribunal accepted that in the absence of any incumbent of the D-2 post, the decision of the USG/DFS, as Head of Department, to assume direct responsibility for the recruitment process through the Chief of Staff, was not an improper exercise of discretion.Second set of interviews and composition of the Second Panel: The Tribunal found that the decision to hold a second round of interviews, and the composition of the Panel, did not amount to a procedural irregularity in the particular circumstances of this case.Lengthy delay in the selection procedure: The Tribunal...