UNDT/2020/134

UNAT Held or UNDT Pronouncements

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.

Decision Contested or Judgment/Order Appealed

The Applicant contested the UNHCR’s decision to not select him for a P-3 Resettlement Officer Position.

Legal Principle(s)

According to the jurisprudence of the Tribunal, in staff selection matters, the starting point is the presumption that official functions have been regularly performed. This presumption is satisfied where management minimally shows that the staff member’s candidature was given fair and adequate consideration. Once management satisfies this initial requirement, the burden shifts to the Applicant to show through clear and convincing evidence that he was not given fair and adequate consideration.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant was awarded compensation in the sum of six months’ net earnings.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Arango

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement