UNAT Held or UNDT Pronouncements
The Tribunal rescinded the decision not to select the Applicant for Job Opening # 214053 due to unlawful bias, with an alternative to pay Applicant two years of the difference in pay between his current position and the would have been new post, had he been selected in the challenged process.
Persuant toArticle 10.8 of the Dispute Tribunal Statute the Respondent¡¯s counsel is referred to the Secretary-General of the United Nations for possible action to enforce accountability for his false statement and related misconduct in these proceedings, and to his national bar authority for such action as the authority deems appropriate under the circumstances, and further directed to show cause in writing as to why the Tribunal should not disbar him from future appearances as a legal representative before the United Nations Dispute Tribunal.
Decision Contested or Judgment/Order Appealed
The Applicant serves as a Supply Assistant (G5) at the United Nations Economic Commission for Africa (UNECA) on a permanent appointment. He applied for a vacancy as Senior Control and Inventory Assistant (G7) position (Job Opening 214053) at UNECA. The Applicant was interviewed on 14 December 2023, as part of a Competency Based Interview (CBI) process. He was not selected and, in this application, challenges his non-selection.
Legal Principle(s)
- Fairness of recruitment and selection process.
- Alleged bias and conflict of interest in interview panel.
- Misconduct by Respondent¡¯s legal counsel.
- Compensation in lieu of rescission.
- Referral for accountability.
Outcome
Outcome Extra Text
- Respondent failed to prove fair and impartial selection.
- Two panel members had prior conflicts with Applicant.
- Interview irregularities and procedural neglect.
- Misconduct by legal counsel including false statements and redactions.