Ä¢¹½ÊÓƵ

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification. One of the educational requirements for the position was the LSS certification or an ¡°equivalent certification¡±. In the present case, the Ä¢¹½ÊÓƵDT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...

Receivability

The Tribunal found that to the extent the Applicant challenged the legal framework of Ä¢¹½ÊÓƵHCR, and requested the removal of a part of para. 34 of the Recruitment and Assignments Policy, her application was not receivable ratione materiae. The application was only receivable concerning the decision not to select the Applicant for the G-7 position of Senior Resource Management Associate, Addressing SEA and SH.

Merits

Whether the applicable procedures were properly followed

First, the Tribunal addressed the Applicant¡¯s argument concerning the alleged forgery of the document...

The Ä¢¹½ÊÓƵAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the Ä¢¹½ÊÓƵAT highlighted that the Hiring Manager failed to verify if the candidates¡¯ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the Ä¢¹½ÊÓƵAT held...

The Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General.

The Ä¢¹½ÊÓƵAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The Ä¢¹½ÊÓƵAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The Ä¢¹½ÊÓƵAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The Ä¢¹½ÊÓƵAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The Ä¢¹½ÊÓƵAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had made an error of fact...

The Applicant failed to convince the Tribunal that the Administration raised in him a legitimate expectation of renewal of his FTA. An erroneously raised personnel action without a written contract does not constitute a ground for legitimate expectation of renewal.

The Tribunal agreed with the Applicant that the Staff Regulations and Rules must be applied uniformly and consistently to staff members. United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere ¡°technicality¡±, but instead undermines...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The Ä¢¹½ÊÓƵAT found that there was an error in the Ä¢¹½ÊÓƵRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the Ä¢¹½ÊÓƵRWA would have found her unsuitable for the role at the end of the probationary period.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵRWA DT¡¯s methodology of fixing...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous¡¯ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The Ä¢¹½ÊÓƵRWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous¡¯ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous¡¯ request for moral damages, with regard to the First and...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in holding that the Administration misinterpreted one of the requirements for the position advertised in JO 127555, namely ¡°experience in leading large teams¡±, as requiring experience of direct supervision of 10 people or more. The Ä¢¹½ÊÓƵAT further found that the vacancy announcement allowed for a such contextual interpretation as the literal meaning of ¡°lead¡± is very general and does not, by itself, allow for an exact comprehension of the intended meaning. Therefore, the Ä¢¹½ÊÓƵAT held that it was reasonable for the Administration to interpret the requirement of...

Accoding to the hiring manager, he concluded that the Applicant id not meet one of the minimum requirements for the position and thus, lawfully not considered further in the selection process. This requirement was "experience in leading large teams", which the hiring manager defined as "supervising at least 10 employees".

The Tribunal found that the process of advertising and setting out the criteria for selection was done lawfully. However, it also found that there was evidence of an unjust process that failed to provide a fair chance to job applicants like the Applicant because it failed to...