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The Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵICEF had conducted the selection process in a manner fully consistent with its administrative legal framework, including having provided detailed reasons for considering the staff member unsuitable for the post. The Ä¢¹½ÊÓƵAT held that his candidature had received full and fair consideration, and he had not shown through clear and convincing evidence that he had been denied a fair chance of selection. The Ä¢¹½ÊÓƵAT noted that there was no evidence of bias or ill-motive against him.

The Ä¢¹½ÊÓƵAT was of the view that Ä¢¹½ÊÓƵICEF¡¯s failure to notify the staff member of the non-selection...

Compensation in lieu is ¡°not related at all to the economic loss suffered¡± (see Nega 2023-Ä¢¹½ÊÓƵAT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-Ä¢¹½ÊÓƵAT-764). It is, according to the Tribunal¡¯s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...