Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that it was disingenuous for Ä¢¹½ÊÓÆµRWA to suggest that the Appellant¡¯s transfer application was considered in the same manner as the two candidates who were selected from the roster. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant¡¯s due process entitlements. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT erred in law in relying on the authority of the Director of Ä¢¹½ÊÓÆµRWA Affairs, Lebanon, to reject the Appellant¡¯s application for assignment. Ä¢¹½ÊÓÆµAT did not uphold the contention that the Appellant had a legitimate expectation of succeeding the post. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT erred in fact in accepting the private assessment of the Director of Ä¢¹½ÊÓÆµRWA Affairs, Lebanon, of the Appellant and that this error was such that it led to a manifestly unreasonable decision. Ä¢¹½ÊÓÆµAT held that it was satisfied that there was merit in the Appellant¡¯s submission that Ä¢¹½ÊÓÆµRWA DT did not inquire into the circumstances which culminated, effectively, in excluding him from consideration for the position, such that the full and fair consideration to which he was entitled did not materialise. Ä¢¹½ÊÓÆµAT emphasized that the lost chance of being selected, even if slight, and the loss of a better chance of being recommended or included in the roster had material and financial consequences. Ä¢¹½ÊÓÆµAT upheld the appeal in part and vacated the Ä¢¹½ÊÓÆµRWA DT judgment. Ä¢¹½ÊÓÆµAT ordered rescission of the contested decision or, in the alternative, payment of USD 10,000 in compensation for the loss of chance of being considered for the position.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to consider him for a position. Ä¢¹½ÊÓÆµRWA DT dismissed the application.
Legal Principle(s)
The Secretary-General has broad discretion in matters of staff selection.
Outcome
Outcome Extra Text
Only financial compensation; Only financial compensation.