UNAT Held or UNDT Pronouncements
Although the Applicant disagrees with the assessment made during the interview as to whether she satisfied particular competency requirements and regarding her overall suitability for the post, the interview panel was entitled to come to its own conclusions regarding the Applicant’s suitability.
The Tribunals have consistently held that it is not its role to substitute its judgment for that of the hiring manager or the decision-maker. The Tribunal's review is limited to ensuring that the decision was made in accordance with the applicable rules and procedures, and that there was no improper motivation or bias.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the propriety of a selection exercise in which he was rostered but not selected for the post.
Legal Principle(s)
On matters concerning staff selection, the jurisprudence is well-established that under article 101.1 of the Charter of the United Nations and staff regulations1.2(c) and 4.1, the Secretary-General has broad discretion to appoint staff. This discretion is to be exercised within the framework of the applicable regulations and rules, ensuring that the highest standards of efficiency, competence, and integrity are maintained. The Tribunals’ role is not to substitute their decision for that of the Administration. The Tribunal must consider (1) whether the procedure as laid down in the Staff Regulations and Rules was followed; (2) whether the staff member was given full and fair consideration; and(3) whether the applicable Regulations and Rules were applied in a fair, transparent and non-discriminatory manner.