UNDT/2024/031 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2024/031, Abdelaal

UNAT Held or UNDT Pronouncements

The Tribunal observed that a review of the evidence in this case indicated that the panel’s assessment of the Applicant’s interview was proper. Accordingly, the Tribunal held that the Applicant received full and fair consideration and that the Administration followed all applicable procedures.

Decision Contested or Judgment Appealed

The Applicant contested the decision to not select him for the position of Information Analyst, P-4, Office of Political Affairs, with the United Nations Assistance Mission for Iraq.

Legal Principle(s)

According to the jurisprudence of the Tribunal, in staff selection matters the starting point is the presumption that official functions have been regularly performed. This presumption is satisfied where management minimally shows that the staff member’s candidature was given fair and adequate consideration. Once management satisfies this initial requirement, the burden shifts to the Applicant to show through clear and convincing evidence that he was not given fair and adequate consideration.

Outcome

Dismissed on merits

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

Abdelaal

Entity

UNAMI

Case Number(s)

UNDT/NBI/2023/036

Tribunal

UNDT

Registry Location :

Nairobi