2014-Ģ��ƵAT-477

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the Ģ��ƵDT judgment. Ģ��ƵAT held that Ģ��ƵDT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. Ģ��ƵAT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. Ģ��ƵAT held that no compensation should be awarded to the Appellant, as no illegality or breach of his rights was found. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to not select him for a post. Ģ��ƵDT found that the Applicant failed to substantiate his claim that the selection process was tainted by bias or improper motive. Ģ��ƵDT also dismissed the Applicant��s claim that the delay in receiving a response from the Management Evaluation Unit caused him loss or damage. Ģ��ƵDT dismissed the application.

Legal Principle(s)

A claim about a non-selection decision resulting from a contested competitive process must be decided on a case-by-case basis, by assessing if the selection methods applied during the different stages of the process were in accordance with the applicable norms and provided a fair, objective, and non-discriminatory treatment of all the candidates.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Charles

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Case Number(s)

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Date of Judgement