UNDT/2023/112, Applicant
In summary, the Tribunal finds that in this recruitment exercise, the proper procedures were followed, the Applicant’s candidacy was given full and fair consideration, the applicable regulations and rules were applied in a fair, transparent and non-discriminatory manner, and the OHCHR High Commissioner properly exercised her discretion in making the selection decision.
The Applicant, a former staff member of the Office of the High Commissioner for Human Rights (“OHCHRâ€), filed an application contesting the decision not to select him for a fixed-term position, at the P-5 level, of Senior Human Rights Officer and Coordinator of the Secretariat of OHCHR’s International Fact-Finding Mission (“FFMâ€) on Venezuela, based in Panama City.
It is well established that the Secretary-General has broad discretion in matters of staff selection. However, this discretion is not unfettered and is subject to judicial review. The Appeals Tribunal has held that when reviewing such staff selection decisions, the Tribunal shall consider: “(1) whether the procedure as laid down in the Staff Regulations and Rules was followed; (2) whether the staff member was given full and fair consideration, and (3) whether the applicable Regulations and Rules were applied in a fair, transparent and non-discriminatory mannerâ€.
The Tribunal finds that in this case, the High Commissioner’s decision to select someone other than the first-ranked candidate is not tainted by bias, prejudice or improper motive and takes relevant factors into consideration. The Tribunal recalls that, at the Applicant’s request, the Respondent was able to produce evidence showing that there had been other occasions when the High Commissioner had not selected the first-ranked candidate on the list of recommended candidates following an assessment process. In the case at hand, the Tribunal notes that although the High Commissioner deviated from the order of preference put forward by the hiring manager in the recommendation memorandum of 15 March 2021, it was for a legitimate and fully articulated reason, namely the need to promote a long-serving, qualified and experienced internal candidate in OHCHR.