The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits
Noting that the Applicant had neither filed an application on the merits nor any other application with regard to this case file, 蘑菇视频DT closed the case.
The Tribunal ruled that the Applicant, as a 15-day candidate, had been given priority consideration, in compliance with section 7.1 of ST/AI/2006/3. It concluded that the Applicant had been considered first than 30-day candidates and found unsuitable for the post before any meaningful consideration of 30-day candidates took place. Priority consideration as per section 7.1 of ST/AI/2006/3: This provision, as consistently interpreted by the Dispute and the Appeals Tribunals, requires that 15-day and 30-day candidates be considered separately; 15-day candidates must be considered first and, if...
The Tribunal found that the intervention of the head of department in the appointment of the selection panel constituted a procedural flaw in the selection process. Since the Applicant had not requested the rescission of the contested decision but only compensation, the Tribunal examined whether such irregularity had caused any damage to the Applicant. It found that the latter, who had been proposed for the post, had failed to establish any causal link between the procedural flaw in the selection process and his non-selection. Selection panel: Although ST/AI/2006/3/Rev.1 is silent on the...
It is clear from the reimbursable loan agreement that 蘑菇视频AMID and WFP agreed on the Applicant’s loan at the P-5 level. He thus had no reason to believe that he would be paid at the D-1 level or that he would be promoted to that level by 蘑菇视频AMID. Although the Applicant was informed of his selection for the Deputy Director post, he never received a letter of appointment from 蘑菇视频AMID which could have created contractual rights in his favour. The Applicant failed to demonstrate that 蘑菇视频AMID made any promise to him or committed any fault for which it could be held responsible.
The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal’s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...
Regarding the first VA, the Applicant was not short-listed for interview, as only 30-day candidates as per ST/AI/2002/4 were. As to the second VA, the Tribunal deemed established that the president of the panel, without consultation with the other two members, already told the Applicant at the end of his interview that he would not be recommended as he did not speak Russian, a competency which was desirable but not required by the VA; he also told him immediately after the interview that he had little chance of being selected within the service he was working in. Concerning the third VA, which...
Selection process: According to the APPB Procedural Guidelines, the APPB may recommend to the High Commissioner an eligible candidate who has not necessarily been proposed by the manager and the High Commissioner, in the exercise of his discretionary power, is not obliged to endorse the APPB recommendation and may appoint a staff member to a post provided s/he is eligible and her/his candidacy has been examined by the APPB. In the case at hand, the Applicant was not recommended by the Representative and this is the main reason for his non-appointment. The Tribunal has only a limited role in...
The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.
Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...
