UNAT Held or UNDT Pronouncements
The UNAT held that the issues on appeal were whether the UNDT erred in finding that the Secretary-General lawfully exercised his discretion in cancelling the Recruit from Roster Job Opening, whether the decision was supported by a rational and reasonable basis, and whether the UNDT erred in rejecting the staff member’s allegations of discrimination, improper motive, or procedural irregularity.
The UNAT found that the UNDT correctly applied established jurisprudence on staff selection, including the principle that the Administration is not obliged to complete a recruitment exercise once initiated and may cancel a job opening for sound reasons in the interest of the Organization. It held that the UNDT did not err in concluding that the cancellation was rationally connected to the legitimate organizational objectives of advancing gender parity and geographical diversity, and therefore met the applicable standard of rationality.
The UNAT further held that the UNDT did not err in finding that neither applicable administrative instructions nor the Staff Selection Manual limited the Secretary-General’s inherent authority to cancel a recruitment process, noting that such guidance is not legally binding. With respect to discrimination, it upheld the finding that the staff member failed to establish, by clear and convincing evidence, that the decision was motivated by unlawful bias based on gender or nationality.
Accordingly, the UNAT dismissed the appeal and affirmed the impugned judgment.
Decision Contested or Judgment/Order Appealed
A staff member of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) contested the decision of the Administration to cancel a Recruit?from?Roster Job Opening for a P?4 Radio Producer position for which he was the sole automatically screened?in candidate. The cancellation decision was taken in order to reissue the vacancy under a different recruitment modality to attract a broader pool of candidates in terms of gender parity and geographical diversity.
In its Judgment No. UNDT/2025/042, the UNDT found the application receivable but dismissed it on the merits, holding that the cancellation of the job opening was a lawful exercise of the Administration’s broad discretion in staff selection matters. The UNDT found that the decision had a rational basis connected to legitimate organizational objectives, that no applicable rules had been violated, and that the staff member had failed to establish discrimination, bias, procedural irregularity, or improper motive.
The staff member appealed.
Legal Principle(s)
The Appeals Tribunal has consistently held that the Administration is not obliged to pursue or complete a recruitment process once begun by filling the post which has become vacant. This falls within the discretionary authority of the Administration to terminate a recruitment procedure and/or to initiate a new one. The Administration has a wide discretion to cancel a procedure for sound reasons and in the interest of the Organization. Provided there is a reasonable and rational basis for the decision, the UNDT should defer to the Administration and not interfere with the exercise of its discretion. The standard of review is the lower standard of rationality because the Administration is best placed to assess and implement polycentric human resource decisions that are allocative and distributive in nature.
Administrative manuals and guidelines lack legal authority, as they are not intended to create substantive rights or obligations for the addressees. They give practical advice to management personnel while they undertake their professional duties. They are subject and subordinate to relevant rules and regulations and to contractual rights and obligations. While such guidelines may be, in some circumstances, a helpful interpretative tool, and/or useful in understanding administrative practice, these issuances are not binding and cannot modify or supplement the rights and obligations specifically provided for under formal regulations, rules, directives, and policies.