Ä¢¹½ÊÓÆµ

2017-Ä¢¹½ÊÓÆµAT-778

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. Ä¢¹½ÊÓÆµAT held, in agreement with the Ä¢¹½ÊÓÆµDT¡¯s conclusion, that the Appellant had failed to show that the Hiring Manager¡¯s intervention in the preparation of the written test resulted in her non-selection for the contested post. Ä¢¹½ÊÓÆµAT held that the Appellant¡¯s claim was fully and fairly considered by Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT found no fault in Ä¢¹½ÊÓÆµDT¡¯s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant¡¯s right to full and fair consideration. Ä¢¹½ÊÓÆµAT held that the facts of the case established that her non-selection was due to her poor performance at the interview and had nothing to do with the written test, which she had passed. Ä¢¹½ÊÓÆµAT held that the Appellant failed to establish any error by the Ä¢¹½ÊÓÆµDT in arriving at its findings that the interview panel was properly composed. Ä¢¹½ÊÓÆµAT held that there was no conflict of interest caused by the fact that the Appellant¡¯s team was going through counselling at the time of the recruitment. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT gave proper consideration to the question of whether or not the Appellant had been the victim of harassment or bias. Ä¢¹½ÊÓÆµAT held that the Appellant raised a number of groundless assertions of error and that such assertions by themselves were not capable of persuading it that the Ä¢¹½ÊÓÆµDT judgment was erroneous. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT was fully supported by the law and the facts when it concluded that the Appellant failed to show that the procedure was biased against her or that her right to full and fair consideration was violated. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to select her for a position on the grounds that she was not afforded a full, fair, and objective assessment in the selection procedure. Ä¢¹½ÊÓÆµDT concluded that the contested decision had been lawfully taken and dismissed the application in its entirety.

Legal Principle(s)

Assertions of error by the first instance tribunal should be accompanied by grounds for making such assertions.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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