UNDT/2009/074 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2009/074, Luvai

UNAT Held or UNDT Pronouncements

The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas

Decision Contested or Judgment Appealed

The Applicant, a GS-5 staff member serving in DSS, did not apply for a vacancy announcement. He alleged that the failure on the part of the Respondent to advertise the total number of posts to be filled, for which he was qualified, violated the UN Rules and other administrative issuances and his due process rights as he was not given a fair chance of participating in the process. He also alleged corruption, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the course of the selection process.

Outcome

Dismissed on merits

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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

Luvai

Entity

UNON

Case Number(s)

UNDT/NBI/2009/04

Tribunal

UNDT

Registry Location :

Nairobi