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The reasons given by the Administration to cancel the selection process are rational, reasonable and supported by the record. The cancellation of the vacancy announcement was based on organizational and budgetary reasons. The staff member who had a lien on the post did return to her post. The Applicant presented no arguments of substance to call into question the lawfulness of the decision to cancel the selection process. The Applicant’s candidacy was afforded full and fair consideration and it was within the reasonable discretion of the Organization to cancel the temporary position.

Nowhere in the UNHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when “the appointment of an external candidate is being considered” as it is stated that in such circumstances “the applicants (external and internal) selected by the manager will be interviewed” (emphasis added). It is further stated that a “[w]ritten test may be required” (see sec. 71). The fact that the UNHCR policies make no specific stipulations about whether skills, competencies and...

Receivability The contested decision, i.e., the decision taken by the Director, ID, OIOS, not to rearrange the Applicant’s reporting lines is an administrative decision. In fact, reporting lines relate directly to the core of the employee-employer relationship and have an impact not only on the daily functions that the staff member performs but, also, on its evaluation and future career prospects. Hierarchy and reporting lines are an essential part of a complex normative framework for performance management, namely ST/AI/2010/5, and impact directly the staff member’s terms of employment...

The changes in the composition of the assessment panel constituted a procedural error. The choice was left to the hiring manager between different assessment methods. As the Applicant was shortlisted for the competency-based interview, she suffered no prejudice from the absence of a written test. The Applicant disagreed with the evaluation method elected by the Administration but failed to show that the Administration exceeded its discretion in this respect. It could not be concluded that the Applicant would have obtained a different result had the composition of the panel been the same for...

Merits: The evaluation criteria in the comparative review matrix on record, against which the suitability of job candidates was appraised, did not correspond to the mandatory and desirable/advantageous qualifications, and in light of these anomalies alone, the Respondent failed to minimally demonstrate that the Applicant received full and fair consideration. Considering that the documents on record do not include any specific analysis with supporting documentation as to how the selected male candidate’s qualifications were clearly superior vis-à-vis the Applicant, the Applicant has proved...

The Tribunal found that the main issues for determination in this matter were 1) whether a temporary job opening limited to “local recruitment only” is lawful, and 2) if the Applicant’s candidature was given full and fair consideration. On the first issue, the Tribunal found that the Respondent’s argument that pursuant to section 1.1 of ST/AI/2010/4 Rev.1 (Administration of temporary appointments) the Organization may limit temporary job openings to local recruitment cannot stand. It also found that there were no legal grounds for the Respondent’s assertion that limiting temporary recruitments...

The Organization’s failure to state fully the selection criteria in the GJO constitutes a procedural error in violation of ST/AI/2010/3. The procedural error in the recruitment process did not impact the Applicant’s right to be fully and fairly considered. Her application was fully and fairly reviewed by the hiring manager and it was within the reasonable discretion of the Organization to find that the Applicant’s experience fell short of the minimum criteria.

Upon establishing an assessment panel and conducting competency-based interviews, the general rules and directives pertaining thereto must also be followed, even if the selection exercise is limited to rostered candidates. This must be particularly so where an election is made to follow such process, as in the current circumstances, pursuant to specific instructions from the USG/DM, and where the initial selection exercise appeared marred with irregularity so as to be set aside by the Administration. It goes without saying that a hiring manager and/or panel member should not be, or even be...

UNDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. UNDT held that ‘Priority consideration’ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

The Tribunal found that the Applicant’s right to a full and fair consideration of his candidature was not violated. It was thus held that the Applicant’s allegation that the selection process was tainted by extraneous considerations, ill-motive and bias not borne out in evidence. Accordingly, the application was dismissed.