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Roster candidates: The fact that a candidate is rostered does not prevent the hiring manager from conducting a selection process and it does not give the roster candidate any kind of priority. Assessment methods: Hiring managers have large latitude in choosing the methods used to assess candidates, taking into account the technical requirements of the post. In particular, resorting to subject matter experts to evaluate work samples of the candidates is in accordance with the rules of the staff selection system. Scope of judicial review: It is not for the Tribunal to substitute its own...

The Tribunal found that the Executive Secretary of ECA, who made the decision to fill the post from the roster, was not acting unlawfully in so doing, since ST/AI/2010/3 (Staff selection system) permitted this.

The Tribunal found that since the Applicant failed to request the Administration to open a new TVA, and as such to provoke an administrative decision of refusal, the application was irreceivable in this respect. The Tribunal further found that the decision to select another candidate was procedurally flawed since the Applicant, despite her request, was not provided with the names of the members of the Interview Panel. In view of the case history, there is no doubt that the Applicant would have requested a change of Panel members and a reasonable Administrator would have conceded to her request...

The ±¬ÁÏÍøDT found that the post in question was a New York-based post to be assigned to the Entebbe office ¡°subject to finalisation of arrangements for the initiation of a Regional Procurement Office¡±. This post was filled through a selection exercise that was finalized when the offer of appointment was made to Mr. YK in April 2011. The movement of the selected staff member, along with his post, to Entebbe was not a lateral move or a new recruitment, but rather implementation of the selected staff member¡¯s terms of appointment in line with the vacancy announcement that provided that recruitment...

Selection processes: An appointing officer may decline to make an appointment where a selection process is marred by irregularities. It is within the competence of a program manager to set up a new interview panel where an initial interview panel has failed to properly discharge its mandate. While a candidate to a post has no right to be selected, he or she has every right to be fully and fairly considered for the post.Recommendation for a post is not the same thing as selection; while there is discretion in selection, there is no discretion in recommendation. Central Review Bodies: The...

The ±¬ÁÏÍøDT found that the Applicant was unable to prove that the selection process was biased against him and that the consideration of his candidacy was marred by significant errors or procedural violations that would vitiate the selection process or resulted in a failure to give him proper consideration. The application was dismissed.

Improper motives: Whilst it is permissible for the drafters of a job opening to deviate from previously established evaluation criteria where circumstances demand it, the deviation must not be actuated by bad faith or improper motives. The Tribunal concluded that the deviation from the established criteria in this case with respect to the subject Job Opening No. 21952 was informed by the desire of the incumbent of the post with the active support of the Hiring Manager to ensure that the recruitment process in respect of the Job Opening was aborted and she was retained in service beyond the...

The Tribunal found that the contested decision was lawful and that the selected candidate met the required work experience for the post. Computation of part-time experience: The conversion of part-time work experience to relevant work experience is within the discretion of the administration as long as the method used is not arbitrary or irregular. Written tests: Though there are no established rules and or guidelines for the rating system and the distribution of points for a written test exercise, a hiring manager has discretion in developing a standard to be used to govern the awarding of...

The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the ±¬ÁÏÍøJSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøJSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the ±¬ÁÏÍøJSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...

Of the 128 candidates who applied for the post, three were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The ±¬ÁÏÍøDT found that the advertised position was not a generic job opening but a position-specific job opening. The ±¬ÁÏÍøDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that...