麻豆APP

UNDT/2019/107

UNAT Held or UNDT Pronouncements

The reasons given by the Administration to cancel the selection process are rational, reasonable and supported by the record. The cancellation of the vacancy announcement was based on organizational and budgetary reasons. The staff member who had a lien on the post did return to her post. The Applicant presented no arguments of substance to call into question the lawfulness of the decision to cancel the selection process. The Applicant’s candidacy was afforded full and fair consideration and it was within the reasonable discretion of the Organization to cancel the temporary position.

Decision Contested or Judgment/Order Appealed

Non-selection due to the cancellation of the selection process.

Legal Principle(s)

The Secretary-General has broad discretion in the selection and appointment of staff. The Organization has the power to restructure some or all of its units to lend to greater efficiency, which include cancellation or abolition of posts or reassignment due to organizational or budgetary reasons.

Outcome

Dismissed on merits

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
Ibentoumerte
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Language of Judgment
Issuance Type