2015-Ģ��ƵAT-508

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. Ģ��ƵAT held that Ģ��ƵDT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke��s rights. Ģ��ƵAT held that no illegality occurred and that the appointment was entirely within the Administration��s discretion, which was not abusive. Ģ��ƵAT allowed the Secretary-General��s appeal, vacated the Ģ��ƵDT judgment and dismissed Mr Nwuke��s cross-appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to fill a position for which he had applied with a candidate from the roster. Ģ��ƵDT found for the Applicant, awarding compensation.

Legal Principle(s)

There is no requirement for the head of department/office to first review all non-rostered candidates before selecting a candidate.

Outcome

Appeal granted

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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.

Applicants/Appellants

Nwuke

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement