2018-Ģ��ƵAT-887

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Appellant��s Motion for Leave to Submit Additional Evidence, his appeal, and the Commissioner-General's cross-appeal. Ģ��ƵAT found that the Applicant did not demonstrate any exceptional circumstances that would justify the filing of any additional documentary evidence and denied his motion. Ģ��ƵAT held that the claim in Appellant��s Appeal was not initially brought before Ģ��ƵRWA DT and could not be introduced for the first time before Ģ��ƵAT. Ģ��ƵAT held that the Commissioner-General's cross-appeal was entirely without merit and that Ģ��ƵRWA DT was correct to find that the irregularity ��is of such significance as it could well have affected the outcome of the recruitment process�� and that the decision not to select the Appellant must be rescinded. Ģ��ƵAT dismissed the appeal and cross-appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to not select him for the post. Ģ��ƵRWA DT found that the Interview Panel had been composed in an irregular manner and ordered rescission of the decision.

Legal Principle(s)

The absence of a representative of the Recruitment Administrator with voting rights renders the composition of the Interview Panel irregular. Compliance with this requirement is not optional, as the intention of this provision is that the vote of the representative of the Recruitment Administrator will be one of the components of the Interview Panel��s recommendation.

Outcome

Appeal dismissed on the merits; Cross-appeal dismissed on the 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

Elayyan

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement