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UNAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. UNAT considered Mr Ross’s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. UNAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. UNAT held that the UNDT did not err...

UNAT considered all the grounds of the appeal and held that the issue of whether the Appellant’s application was pre-screened by a Human Resources Officer was irrelevant to determine whether his candidature received full and fair consideration. UNAT held that the main issue for its determination was whether, at the time of application, the Inspira system had provided all of the correct options to the Appellant. UNAT held that this was a factual determination which, without relevant evidence, could not be made. UNAT held that UNDT failed to enquire as to what options were available in the...

UNAT considered an appeal by the Secretary-General. UNAT held that the issue of whether the staff member’s application was pre-screened by a Human Resources Officer was irrelevant in determining whether his candidature received full and fair consideration. On the basis that UNDT failed to enquire as to what options were available to the staff member on Inspira at the time of application, UNAT held that UNDT’s findings that Inspira did not reflect the variety of the educational system of all the Member States equally and that the staff member’s candidature had not been afforded full and fair...

UNAT held that the reason upon which UNDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. UNAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by UNDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the UNDT judgment. UNAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

UNAT considered an appeal by Mr. Andrysek. UNAT dismissed the appeal and affirmed the UNDT Judgment.

Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...

UNAT considered an appeal by Mr. Ramsaroop, an appeal by the Secrteary-General and a cross-appeal by Miksch et al. While UNAT found that it was reasonable for the UNDT to hold that Miksch et al had a significant chance of selection for the posts, it held that the UNDT erred by assessing the lost opportunity for Mr. Miyashiro, Mr. Miksch, Mr. Ramsaroop and Mr. Mazioui as enduring until their retirement from the Organization, and compensating accordingly with a cap of two years’ net base salary. UNAT noted that these applicants had a further opportunity for promotion in the second selection...

UNAT held that UNDT’s interpretation of the totality of the evidence on the record was reasonable. UNAT held that UNDT had correctly found that Mr Russo-Got was Candidate A for the P-3 test and Candidate F for the P-4 test and that UNOPS had submitted contemporaneous documentation showing that he was not recommended because he had failed the written assessment for the two tests. UNAT held that UNDT properly reviewed the contested decisions in accordance with the applicable law.

UNAT held that UNDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because UNDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. UNAT held that UNDT also erred in fact when it found that certain UNAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited UNAT precedents.

The evidence of procedural errors and irregularities supported the Dispute Tribunal’s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by UNDT and by which UNDT assessed Mr.; Russo-Got’s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by UNDT, UNAT defers to its discretion in awarding and quantifying the pecuniary damages.