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1998 reclassification: The issue of the 1998 reclassification exercise is long out of time and no circumstances justify the review of it now. 2005 reclassification: Examining the 2005 reclassification exercise is moot as the post was abolished and the applicant did not challenge the abolition. Withdrawal of SPA: In relation to the period for which the applicant’s SPA was withdrawn, it would be reasonable to expect a notation of a change in functions in the e-PAS records as there was a crossover between two cycles. However, there was none and the SPA should thus be retroactively paid...

The applicant, a P-3 level staff member, applied for the P-4 post of Chief of her Unit. She was not selected. It later transpired that the applicant had initially received the highest score, but her supervisors, who participated in the selection, increased the successful candidate’s score. This resulted in the successful candidate being ranked higher than the applicant. The Secretary-General agreed with the finding of the Joint Appeals Board that the applicant’s rights were violated and awarded her compensation in the amount of three months’ salary. The applicant appealed, seeking additional...

Evaluation of candidates: The record appears to reflect a careful and comprehensive examination of the claims of the various applicants. There was no problematical analysis or conclusion that suggested that the process had gone awry or was anything other than proper. Failure to notify: Sec 9.5 of ST/AI/2006/3 provides that an unsuccessful interviewed applicant should be informed by the programme that they have not been selected or rostered. This was not done. The applicant suffered no loss or additional anxiety arising out of the inappropriate and discourteous way in which she became aware of...

The applicant was the only 15-day candidate who was interviewed. Interviews of 30-day candidates took place the day following the applicant’s interview. The applicant was not successful; instead, a 30-day candidate was appointed. The applicant submitted that the Administration failed to properly assess her suitability prior to considering other candidates and thus failed to follow the selection procedures applicable to 15-day candidates under ST/AI/2006/3. The respondent argued that the candidate was given priority consideration and was found unsuitable for the post. UNDT found that the...

The decision by the Chief of the Human Resources Services Section (HRSS) to discontinue the selection process without a proper determination that the recruitment procedures had not been followed precisely was an abuse of the Administration’s discretionary authority. While the Applicant had only been “recommended” for the post by the ASP and had not been “selected”, the serious procedural irregularity that resulted from the Chief of HRSS’ actions prevented his candidacy from proceeding to the central review body and therefore amounted to a violation of his rights. The decision was an abuse of...

Outcome: For distress: USD5,000. For loss of chance: (a) 10 percent of the difference between the salary the applicant actually carries and that she would have received in the D-2 position on a continuous basis, (b) 10 percent of any additional allowances and benefits she would have received at the D-2 level including adjustment of her pension contributions and consequent retirement benefits.

Outcome: Application dismissed, but the applicant awarded USD500 in nominal compensation for not being informed in time.

Outcome: Application dismissed, but award of a nominal compensation of USD 1,000 for procedural deficiencies in the selection process.

The Applicant’s alleged abuse of Buddy qualified as such conduct. Not returning the Applicant to the Canine Unit. It was proper not to return the Applicant to his former job after the disciplinary case against him had been dismissed. Not returning Buddy. Since Buddy was surrendered to the custody of the New York State Police, the United Nations would appear to have transferred back the property rights over Buddy to the New York State Police. Regardless of the outcome of the disciplinary case against the Applicant, it would therefore seem that the Respondent is not able to return Buddy to the...

Presumption of regularity. There is always a presumption that official acts have been regularly performed, but this presumption is rebuttable. If the Respondent is able to even minimally show that the Applicant’s candidature was given a full and fair consideration, which he did not in the present case, then the presumption of law stands satisfied. Once a minimal showing has been made, the burden of proof thereafter shift to the Applicant, who need to show through clear and convincing evidence that he was denied a fair chance of promotion. Cancelling the first selection exercise and reissuing a...