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Ä¢¹½ÊÓƵAT held that the Appellant had merely repeated his submissions before JAB and Ä¢¹½ÊÓƵDT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant did not possess the relevant professional qualification. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in affirming the JAB¡¯s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s focus on the requirement of professional legal experience did not...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. The Secretary-General asserted that Ä¢¹½ÊÓƵDT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-Ä¢¹½ÊÓƵAT-076) and Wu (2010-Ä¢¹½ÊÓƵAT-042), Ä¢¹½ÊÓƵAT noted that it previously awarded compensation in the amount of two months¡¯ net base salary where the decision not to appoint the applicants was procedurally flawed. Ä¢¹½ÊÓƵAT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. Ä¢¹½ÊÓƵAT also noted...

Ä¢¹½ÊÓƵAT considered Ms Simmons¡¯ appeal and the Secretary-General¡¯s cross-appeal. With respect to Ms Simmons¡¯ claim that Ä¢¹½ÊÓƵDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT placed undue weight on Ms Simmons¡¯ omissions and/or actions. Ä¢¹½ÊÓƵAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons¡¯ claim that she did not receive full and fair consideration regarding Post 1, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not...

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, Ä¢¹½ÊÓƵAT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, Ä¢¹½ÊÓƵAT noted that not every violation of due process will necessarily lead to an award of compensation...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held, in agreement with the Secretary-General, agreed that there were no grounds to award compensation. Ä¢¹½ÊÓƵAT noted that there was no administrative decision being contested in this case, as both parties accepted the decision to promote Ms Kamal and she had not identified any illegality that could lead to an award of compensation. Ä¢¹½ÊÓƵAT found that the delay in completing the selection process could not be considered a valid ground for compensation, since the circumstances of the case did not show any negligence or violation of specific...

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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to Ä¢¹½ÊÓƵDT¡¯s competence with regards to the nature of the redress granted to Ms Farr. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence in ordering that Ms Farr¡¯s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. Ä¢¹½ÊÓƵAT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...

On the Appellant¡¯s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, Ä¢¹½ÊÓƵAT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly concluded that, given the existence of this practice, the successful candidate¡¯s eligibility was covered by...

Ä¢¹½ÊÓƵAT considered that: the Appellant had responded in the negative to two questions about his experience in the pre-screening questions, but that he was long-listed; Ä¢¹½ÊÓƵDT had decided that the hiring manager did not commit a procedural error in not evaluating all candidates, but took into consideration the objective criteria i. e. the years of experience required; the Administration was in a position to justify its decisions as not arbitrary; and the Appellant failed to meet his burden of proving the alleged discrimination. Ä¢¹½ÊÓƵAT held that the appeal expressed disagreement with the impugned...

Ä¢¹½ÊÓƵAT considered Mr Wang¡¯s appeal, specifically as to whether Ä¢¹½ÊÓƵDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether Ä¢¹½ÊÓƵDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. Ä¢¹½ÊÓƵAT was satisfied that the evidence before Ä¢¹½ÊÓƵDT supported the Administration¡¯s decision to select Ms C. Y. for the post. Ä¢¹½ÊÓƵAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...