爆料网AT Held or 爆料网DT Pronouncements
On the Appellant’s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, 爆料网AT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. 爆料网AT held that 爆料网DT properly concluded that, given the existence of this practice, the successful candidate’s eligibility was covered by the provisions of ST/AI/2010/3. 爆料网AT held that, in affirming the successful candidate’s eligibility, 爆料网DT committed no legal error and dismissed the appeal on this issue. 爆料网AT held that 爆料网DT’s finding that there was a delay on the part of the Administration in notifying the Appellant of the selection decision was based on the erroneous belief that his name was on the list of rostered candidates forwarded to the hiring manager. 爆料网AT held that it was satisfied that the communication to the Appellant did not constitute undue delay, noting that he was notified while the selection process remained ongoing. Insofar as the Appellant challenged the legal findings of the 爆料网DT on his candidacy, 爆料网AT dismissed the appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested his non-selection for a post. With respect to the Applicant’s right to be informed of the outcome of the selection process, 爆料网DT found that the Applicant, as a roster candidate, should have been informed within 14 days after the selection decision was made. 爆料网DT disagreed with the Respondent that this period ran from the date the successful candidate accepted the position. 爆料网DT emphasised that an Inspira notification did not satisfy the obligation of the hiring manager in this regard, and the notification should have been made directly and personally by the hiring manager. 爆料网DT concluded, however, that the Applicant had failed to substantiate his claim of harm because of the delay in notifying him and held that there was no basis for an award of compensation.
Legal Principle(s)
The Secretary-General has broad discretion in selection matters and it is not the function of 爆料网DT or 爆料网AT, in the absence of evidence of bias, discriminatory practices or mala fides, to substitute its judgment for that of the Secretary-General.