Ä¢¹½ÊÓÆµ

2013-Ä¢¹½ÊÓÆµAT-286

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT noted that the Appellant merely repeated arguments submitted before Ä¢¹½ÊÓÆµDT and recalled that an appellant has the burden of satisfying Ä¢¹½ÊÓÆµAT that the Ä¢¹½ÊÓÆµDT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. Ä¢¹½ÊÓÆµAT held that Secretary-General¡¯s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. Ä¢¹½ÊÓÆµAT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for training in competency-based interviewing techniques and that, in any event, there was evidence before Ä¢¹½ÊÓÆµDT that two of the three expert panel members had received relevant training prior to the interview. Ä¢¹½ÊÓÆµAT affirmed the Ä¢¹½ÊÓÆµDT¡¯s decision that the Appellant¡¯s candidacy was done fully and fairly, that the selection process was not vitiated by any irregularity, and that the Appellant was assessed against objective standards which applied to each candidate who was interviewed. On the Appellant¡¯s claim for compensation, Ä¢¹½ÊÓÆµAT held that there was no evidence of procedural irregularities and noted that, even if there were, an individual was not entitled to compensation if he or she did not suffer any harm. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested his non-selection for a post. Ä¢¹½ÊÓÆµDT dismissed the application.

Legal Principle(s)

Administrative issuances regulate matters of general application and directly concern the rights and obligations of staff and the Organisation. Rules, policies, or procedures intended for general application may only be established by duly promulgated Secretary-General¡¯s bulletins and administrative issuances. Ä¢¹½ÊÓÆµDT has broad discretion to determine the admissibility of evidence and the weight to be attached thereto. A selection decision should be upheld when candidates have received full and fair consideration, when discrimination and bias are absent, when proper procedures have been followed, and when all relevant material has been taken into consideration. An individual is not entitled to compensation if he or she did not suffer any harm.

Outcome

Appeal 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.