蘑菇视频AT Held or 蘑菇视频DT Pronouncements
Starting with the presumption that official acts are regularly performed, 蘑菇视频AT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. 蘑菇视频AT also agreed with the 蘑菇视频DT that the staff member can only challenge a specific administrative decision, and not an alleged general administrative practice. Additionally, 蘑菇视频AT also found that the selected candidate was chosen for the specific skills she possessed, and not because of an alleged general administrative practice favoring candidates working at headquarters. 蘑菇视频AT thus found no bias in the staff member’s non-selection and there were no errors in the recruitment process, notably conducting the informal interview in Russian was reasonable considering the job required a “perfect command” of Russian. Finding no error in the 蘑菇视频DT Judgment, the appeal was dismissed.
Decision Contested or Judgment/Order Appealed
A staff member serving as a Russian Translator at the P-3 level with ESCAP applied to the post of Russian Reviser at the P-4 level with 蘑菇视频OV. The Hiring Manager invited three roster candidates for an informal interview, and following such, one of the roster candidates was selected. The staff member challenged his non-selection arguing he was not treated fairly and that the Administration committed several errors during the recruitment process. 蘑菇视频DT rejected the staff member’s application, finding that he was given full and fair consideration and that there was no ulterior motive in his non-selection. 蘑菇视频DT also dismissed the applicant’s claims that it was improper to conduct the informal interview in Russian and that there was purportedly a pattern of discrimination, favoring applicants coming from the Department for General Assembly and Conference Management (DGACM). The tribunal finally also concluded that there is no entitlement to receive a promotion and a staff member can only challenge a specific administrative decision, not an alleged general administrative practice.
Legal Principle(s)
Given the presumption of regularity, if the Administration can minimally show that a staff member was given full and fair consideration, the burden of proof shifts on the staff member who must show through clear and convincing evidence that he was denied a promotion. Conducting an informal interview in a language that is required for a post is reasonable. A staff member must challenge a specific administrative decision, not an alleged general administrative practice. There is no expectancy or entitlement to a promotion.
Outcome
Outcome Extra Text
Appeal dismissed, and 蘑菇视频DT Judgment affirmed.