2011-UNAT-150 | SYSTEM OF ADMINISTRATION OF JUSTICE

2011-UNAT-150, Contreras

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. UNAT held that UNDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months’ base salary as an alternative to the rescission of the improper decision. UNAT considered that, in this matter, the first judge was best suited to decide on the level of compensation and that there was no reason for it to question that amount. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to exclude her from the roster of candidates transmitted to the Central Review Body, despite the fact that she had been recommended by an interview panel. UNDT found for the Applicant and awarded compensation.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Contreras

Entity

UN-Habitat

Case Number(s)

2010-149

Tribunal

UNAT

Registry Location :

New York