Judge Belle
The Tribunal found that the cancellation of the selection exercise in question on the ground that there was a breach of confidentiality in the recruitment process was a reasonable exercise of discretion. The Tribunal rejected the Applicant’s claim that the decision was tainted by gender discrimination as such claim was not supported by evidence. Regarding the second selection process, the Tribunal found that the Applicant was afforded a full and fair consideration as he was recommended as a suitable candidate, was ranked second in preference, and was not selected as the first recommended...
Nowhere in the Policy is using interviews or written test to appraise the competencies and/or qualifications of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when “the appointment of an external candidate is being considered” as it is stated that in such circumstances “the applicants (external and internal) selected by the manager will be interviewed” (emphasis added). It is further stated that a “[w]ritten test may be required” (see sec. 71). No matter what the Applicant’s status was at the time of the selection process, the fact that the UNHCR...
For the purpose of determining eligibility for a SPA, the Applicant performed higher level functions from the date of the issuance of a vacancy announcement for the higher-level post until the selected candidate assumed the higher-level post. As he performed the higher-level functions for less than four months, the Applicant failed to meet the eligibility criteria under ST/AI/2003/3. The Applicant did not satisfy the criteria for SPA and that the Administration’s decision not to pay it was lawful.
The Applicant was required to request management evaluation of the contested decision (imposition of a written reprimand), which he failed to do and hence the application was not receivable.
Nowhere in the UNHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when “the appointment of an external candidate is being considered” as it is stated that in such circumstances “the applicants (external and internal) selected by the manager will be interviewed” (emphasis added). It is further stated that a “[w]ritten test may be required” (see sec. 71). The fact that the UNHCR policies make no specific stipulations about whether skills, competencies and...
The Applicant did not raise the refusal to grant an exception to an eligibility criterion for the Applicant to be considered for a continuing appointment in his request for management evaluation, therefore, the application was not receivable. Even if the Tribunal considered that the Applicant was contesting the decision not to grant him a continuing appointment in the present application, the application was not receivable as time-barred. Under staff rule 11.2(c), the statutory time limit for requesting a management evaluation is within 60 days from the notification of the contested decision.