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On the issue of the Ä¢¹½ÊÓƵDT¡¯s decision not to take up the Appellant¡¯s motion for disclosure of documents, Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate how this affected his rights or would have had a relevant impact on the evidence already collected, the basic facts of which were not contested, and therefore Ä¢¹½ÊÓƵAT held there were no procedural grounds to vacate the judgment. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant had not established any error of fact or law that warranted reversal of the judgment. Ä¢¹½ÊÓƵAT recalled that not every violation of due process led to an award of compensation...

Ä¢¹½ÊÓƵAT noted that the Appellant merely repeated arguments submitted before Ä¢¹½ÊÓƵDT and recalled that an appellant has the burden of satisfying Ä¢¹½ÊÓƵAT that the Ä¢¹½ÊÓƵDT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. Ä¢¹½ÊÓƵAT held that Secretary-General¡¯s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. Ä¢¹½ÊÓƵAT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. Ä¢¹½ÊÓƵAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with Ä¢¹½ÊÓƵDP to take up an appointment with a different entity (Ä¢¹½ÊÓƵV), thereby causing a break in service. Ä¢¹½ÊÓƵAT held that this break in service should have led Ä¢¹½ÊÓƵDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. Ä¢¹½ÊÓƵAT further noted that Ms Carrabregu¡¯s service to Ä¢¹½ÊÓƵV could not be...

Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. Ä¢¹½ÊÓƵAT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. Ä¢¹½ÊÓƵAT held that no compensation should be awarded to the Appellant, as no illegality or breach of...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Skourikhine¡¯s cross-appeal. With respect to the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT noted that there is no requirement in Section 9. 4 of ST/AI/2010/3 for the head of department to first review all non-rostered candidates, and it had even been amended to specifically remove such a requirement. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidates was contrary to ST/AI/2010/3, as the decision to do so was entirely within the Administration¡¯s discretion, and no abuse of that discretion has been...

Ä¢¹½ÊÓƵAT considered the appeals of both Mr Rahman and the Secretary-General. With respect to Mr Rahman¡¯s appeal, Ä¢¹½ÊÓƵAT held that his non-selection for the D-2 post was lawful. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT very carefully examined the circumstances of Mr Rahman¡¯s interview for the D-2 post and that Mr Rahman did not meet the burden of proof that he had been the victim of retaliatory acts during the selection procedure. Ä¢¹½ÊÓƵAT held that Mr Rahman was therefore not entitled to compensation for damages resulting from his non-selection. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT correctly held that the decision to reassign Mr Rahman to...

Ä¢¹½ÊÓƵAT considered Mr Wang¡¯s appeal, specifically as to whether Ä¢¹½ÊÓƵDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether Ä¢¹½ÊÓƵDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. Ä¢¹½ÊÓƵAT was satisfied that the evidence before Ä¢¹½ÊÓƵDT supported the Administration¡¯s decision to select Ms C. Y. for the post. Ä¢¹½ÊÓƵAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...

The first issue Ä¢¹½ÊÓƵAT considered was whether Ä¢¹½ÊÓƵDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the Ä¢¹½ÊÓƵ Joint Staff Pension Fund requires that ¡°[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...