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The filling of the Post with the ultimately-successful candidate cannot be characterized as a ¡°transfer¡±, be it lateral or not. The ultimately-successful candidate was therefore rather selected for the Post. Simply stated, the Post did not qualify as a lateral transfer. The Respndent employed the wrong procedure. The Applicants, although ranked behind the initially-successful candidate, were also ¡°suitable¡± candidates for the Post. The Tribunal finds that the selection exercise for the initially-selected candidate was improper. The Applicants having been deemed by the Tribunal as suitable...

Ä¢¹½ÊÓƵDT held that the Applicants may amend their request for compensation as, in Order No. 104 (NY/2011) specifically called for updated submissions on compensation, under which Ä¢¹½ÊÓƵDT thus granted leave for the Applicants¡¯ amended submissions. Ä¢¹½ÊÓƵDT denied the compensation request for loss of opportunity to pursue the new P-4 level post created in ORES, as the Applicants did not present any evidence supporting their contention that they were denied this opportunity. Ä¢¹½ÊÓƵDT awarded compensation for loss of chance/opportunity. Ä¢¹½ÊÓƵDT listed the following significant factors: (a) the existence of numerous...