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Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT was correct to find the application non-receivable ratione materiae. At the time of the Ä¢¹½ÊÓƵDT Judgment, there was no final administrative decision that had direct legal consequences on the Appellant¡¯s terms of employment. In addition, in the intervening time, the Appellant has been selected for the post, and therefore, he has received that which he had sought originally, making his request for rescission of the contested decision moot. Regarding the request for compensation for the pay differential for 17 months, the Tribunal found because there was no appealable...

Ä¢¹½ÊÓƵAT first explained that this is a case where the Ä¢¹½ÊÓƵDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster. The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision?maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision?maker deliberately intending to favour or disadvantage the subject of it for...

Ä¢¹½ÊÓƵAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, Ä¢¹½ÊÓƵAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. Ä¢¹½ÊÓƵAT thus found the Ä¢¹½ÊÓƵDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years¡¯ net base...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that ¡°consideration¡± of a candidate for the purposes of ST/AI/2006/3 did not necessarily mean that a candidate can only be meaningfully considered once the relevant assessment tools have been administered to the candidates and the outcome communicated to them. Ä¢¹½ÊÓƵAT held that the fact that the Administration invited the 30-day mark candidates to undertake a written test before the assessment of the 15-day mark candidates was completed did not mean that the Appellant was not afforded priority consideration. Ä¢¹½ÊÓƵAT noted that the written test had taken...

Ä¢¹½ÊÓƵAT held that the appeal was not based on any of the required grounds. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s observation that it was not enough for the Appellant to merely allege favouritism and yet...

Regarding the non-selection for the Programme Budget Officer post, Ä¢¹½ÊÓƵAT held that the Appellant had failed to produce sufficient evidence to prove the impropriety in the decision making. Ä¢¹½ÊÓƵAT held that the Appellant had also failed to put forward any specific evidence substantiating her claim of discrimination, bias, and retaliation to warrant a reversal of the Ä¢¹½ÊÓƵDT¡¯s findings. Regarding the cancellation of the Administrative Officer post, Ä¢¹½ÊÓƵAT held that the Administration had provided sufficient evidence to show that the cancellation of the post was based on Organisational and budgetary...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. Ä¢¹½ÊÓƵAT held that the test for apparent bias applied by Ä¢¹½ÊÓƵDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. Ä¢¹½ÊÓƵAT stressed that it was not the task of the JAB or Ä¢¹½ÊÓƵAT to conduct a fresh investigation. Ä¢¹½ÊÓƵAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the Ä¢¹½ÊÓƵAT RoP and no...

Ä¢¹½ÊÓƵAT held that the Appellant did not address any error of fact or law in the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. Ä¢¹½ÊÓƵAT held that it was irrelevant whether the Appellant filed his application before Ä¢¹½ÊÓƵDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Starting with the presumption that official acts are regularly performed, Ä¢¹½ÊÓƵAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. Ä¢¹½ÊÓƵAT also agreed with the Ä¢¹½ÊÓƵDT that the staff member can only challenge a specific administrative decision, and...