2021-UNAT-1095 | SYSTEM OF ADMINISTRATION OF JUSTICE

2021-UNAT-1095, Marius Mihail Russo-Got

UNAT Held or UNDT Pronouncements

The evidence of procedural errors and irregularities supported the Dispute Tribunal’s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by UNDT and by which UNDT assessed Mr.; Russo-Got’s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by UNDT, UNAT defers to its discretion in awarding and quantifying the pecuniary damages.

Decision Contested or Judgment Appealed

The decision to not select Mr Russo-Got for P-4 ERP/SAP Project Manager post

Legal Principle(s)

The UNDT applied UNAT’s reasoning in reviewing the shortlisting decision and considered not keeping a written record of the contested administrative decision with reasons for the shortlisting process to be irregular, as the lack of a contemporaneous written record of the decision to shortlist and the lack of reasons for the shortlisting decision undermine the ability of a staff member to challenge that decision and the ability of the tribunal conducting a judicial review to adequately review the decision and its reasons.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. UNDT/2020/077 affirmed.

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.

Full Judgment

Applicants/ Appellants

Marius Mihail Russo-Got

Entity

Case Number(s)

Tribunal

Registry Location :