Ä¢¹½ÊÓÆµ

2017-Ä¢¹½ÊÓÆµAT-779

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

ArÄ¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA 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¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓÆµAT held that the inference drawn by Ä¢¹½ÊÓÆµRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates, was not reasonable in the circumstances. Ä¢¹½ÊÓÆµAT held that a number of facts were not sufficiently established before Ä¢¹½ÊÓÆµRWA DT, such as whether answers given in Arabic were translated. Ä¢¹½ÊÓÆµAT held that there was not an adequate fact-finding exercise by Ä¢¹½ÊÓÆµRWA DT, which would have enabled Ä¢¹½ÊÓÆµAT to review whether the administrative decision was lawful. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT¡¯s determinations that there was no bias, prejudice, and unlawfulness and that there was fair and adequate consideration were not supported by the facts. Ä¢¹½ÊÓÆµAT held that the fact-finding exercise was incomplete, which constituted a clear error of procedure and violation of due process such as to affect the decision of the case. Ä¢¹½ÊÓÆµAT granted the appeal, vacated the Ä¢¹½ÊÓÆµRWA DT judgment, and remanded the cases for a hearing de novo before a different Ä¢¹½ÊÓÆµRWA DT Judge and adjudication on the merits.

Decision Contested or Judgment/Order Appealed

The Applicants contested the decisions not to select them for a number of posts. Ä¢¹½ÊÓÆµRWA DT dismissed the applications.

Legal Principle(s)

Although broad discretion in case management is afforded to the trial judge, there are some facts that are so essential that they need to be established in the interest of justice, particularly when they are related to core aspects of the dispute. Due process requires that both parties be given an opportunity to present their case, produce evidence, and file submissions and/or motions.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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