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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP¡¯s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by conducting a de novo assessment of Ms Sarrouh¡¯s performance and exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in...

ArÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓƵAT held that the inference drawn by Ä¢¹½ÊÓƵRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

Ä¢¹½ÊÓƵAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. Ä¢¹½ÊÓƵAT held, in agreement with the Ä¢¹½ÊÓƵDT¡¯s conclusion, that the Appellant had failed to show that the Hiring Manager¡¯s intervention in the preparation of the written test resulted in her non-selection for the contested post. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim was fully and fairly considered by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT found no fault in Ä¢¹½ÊÓƵDT¡¯s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant¡¯s right...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT found no reason to differ from the conclusion of Ä¢¹½ÊÓƵRWA DT, that Ä¢¹½ÊÓƵRWA could not have considered the Appellant as having the requisite international experience. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s suggestion that the standard of proof required to rebut the presumption of regularity should be one of preponderance of evidence, was not correct and that the rebuttal of the presumption should occur only where clear and convincing evidence establishes that an irregularity was highly probable. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s version did not support an inference of corruption of the process or that he was not fully and fairly considered. Ä¢¹½ÊÓƵAT held that although the Appellant met all the educational, work experience, and language requirements of the position, he failed...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. Ä¢¹½ÊÓƵAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the Ä¢¹½ÊÓƵDT decision did not escape the fact that it was known to him at the time. As another...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that the eleven new grounds of appeal raised by the Appellant for the first time on appeal were not receivable. They were for the most part alleged minor procedural defects that in all probability if proven, would have minimal, if any, impact on the fair and full consideration received by the Appellant. Ä¢¹½ÊÓƵAT held that the reasoning of Ä¢¹½ÊÓƵDT was sound and unassailable, that it correctly determined the issues and dismissed the Appellant¡¯s grounds of review for sustainable reasons. Ä¢¹½ÊÓƵAT held that it was unable to identify any...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier¡¯s contention that the Secretary-General¡¯s appeal is not receivable because the impugned judgment did not award him any damages and was mere ¡°a moral victory¡±, Ä¢¹½ÊÓƵAT held that success before Ä¢¹½ÊÓƵDT depends on whether the staff member¡¯s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to Ä¢¹½ÊÓƵAT, as the unsuccessful party before Ä¢¹½ÊÓƵDT, the...

Ä¢¹½ÊÓƵAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. Ä¢¹½ÊÓƵAT held that accounting for factors such as Ä¢¹½ÊÓƵAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. Ä¢¹½ÊÓƵAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. Ä¢¹½ÊÓƵAT held that the Appellant was unable to show through clear and...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s Motion for Leave to Submit Additional Evidence, his appeal, and the Commissioner-General's cross-appeal. Ä¢¹½ÊÓƵAT found that the Applicant did not demonstrate any exceptional circumstances that would justify the filing of any additional documentary evidence and denied his motion. Ä¢¹½ÊÓƵAT held that the claim in Appellant¡¯s Appeal was not initially brought before Ä¢¹½ÊÓƵRWA DT and could not be introduced for the first time before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the Commissioner-General's cross-appeal was entirely without merit and that Ä¢¹½ÊÓƵRWA DT was correct to find that the irregularity...