2018-Ģ��ƵAT-893

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. Ģ��ƵAT held that accounting for factors such as Ģ��ƵAMID��s scorecard with respect to gender targets and the selected candidate��s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General��s discretion to do so. Ģ��ƵAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. Ģ��ƵAT held that the Appellant was unable to show through clear and convincing evidence that he was denied a fair chance of promotion. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to select him for a position. Ģ��ƵDT concluded that the Secretary-General had made more than a minimal showing that the contested decision not to select the Applicant for the position was not tainted by improper consideration. Ģ��ƵDT held that the Applicant failed to show that he was denied a fair chance at the promotion. Ģ��ƵDT dismissed the application.

Legal Principle(s)

When the Secretary-General makes a decision on staff selection, that decision is presumed to be a regular presumption that is rebuttable in certain circumstances. If there is evidence that a candidate��s case has received full and fair consideration, wherein the proper procedures have been followed and all relevant material has been taken into consideration, Ģ��ƵDT is obliged to uphold the selection or promotion of the Secretary-General.

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.

Applicants/Appellants

Elzarov

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement