Ä¢¹½ÊÓÆµ

2019-Ä¢¹½ÊÓÆµAT-928

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that Ä¢¹½ÊÓÆµDT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. Ä¢¹½ÊÓÆµAT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the Ä¢¹½ÊÓÆµAT Statute, however it considered the appeal on the basis that the Appellant was self-represented. Ä¢¹½ÊÓÆµAT rejected the Appellant¡¯s allegation that the case management of Ä¢¹½ÊÓÆµDT was flawed, as it has broad discretion in managing its cases and Ä¢¹½ÊÓÆµAT does not see any abuse in this discretion. Ä¢¹½ÊÓÆµAT held that the re-classification of the post in question was lawful and reasonable. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT that the Hiring Manager used a lawful and reasonable standard regarding the requirement of significant language-related management experience. Ä¢¹½ÊÓÆµAT held that it had no reason to doubt the Ä¢¹½ÊÓÆµDT finding that this standard was consistently applied to all candidates as the Appellant did not present any evidence that could show otherwise. Ä¢¹½ÊÓÆµAT considered that it was obvious that the Appellant did not fulfil the requirement of significant management experience and therefore it was lawful not to short-list or select her for the position. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in stating that the Appellant¡¯s roster status had no impact on the selection process or that she had not been unduly denied the opportunity to acquire in-house managerial experience. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT that the Appellant did not present any evidence to show that the decision not to short-list or select her was motivated by extraneous factors. Ä¢¹½ÊÓÆµAT held that absent any illegality, there could be no compensation awarded. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions not to short-list or select her for a position. Ä¢¹½ÊÓÆµDT dismissed the applications having found that she had been given full and fair consideration.

Legal Principle(s)

An appeal is defective when an Appellant fails to clearly define the grounds of appeal as required under Article 2(1) of the Ä¢¹½ÊÓÆµAT Statute. Ä¢¹½ÊÓÆµDT has broad discretion in managing its cases. Absent any illegality, there can be no compensation.

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.

Applicants/Appellants
Abdellaoui
Case Number(s)
Registry
Date of Judgement
President Judge
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Issuance Type