Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that Ä¢¹½ÊÓÆµDT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. Ä¢¹½ÊÓÆµAT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the Ä¢¹½ÊÓÆµAT Statute, however it considered the appeal on the basis that the Appellant was self-represented. Ä¢¹½ÊÓÆµAT rejected the Appellant¡¯s allegation that the case management of Ä¢¹½ÊÓÆµDT was flawed, as it has broad discretion in managing its cases and Ä¢¹½ÊÓÆµAT does not see any abuse in this discretion. Ä¢¹½ÊÓÆµAT held that the re-classification of the post in question was lawful and reasonable. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT that the Hiring Manager used a lawful and reasonable standard regarding the requirement of significant language-related management experience. Ä¢¹½ÊÓÆµAT held that it had no reason to doubt the Ä¢¹½ÊÓÆµDT finding that this standard was consistently applied to all candidates as the Appellant did not present any evidence that could show otherwise. Ä¢¹½ÊÓÆµAT considered that it was obvious that the Appellant did not fulfil the requirement of significant management experience and therefore it was lawful not to short-list or select her for the position. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in stating that the Appellant¡¯s roster status had no impact on the selection process or that she had not been unduly denied the opportunity to acquire in-house managerial experience. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT that the Appellant did not present any evidence to show that the decision not to short-list or select her was motivated by extraneous factors. Ä¢¹½ÊÓÆµAT held that absent any illegality, there could be no compensation awarded. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decisions not to short-list or select her for a position. Ä¢¹½ÊÓÆµDT dismissed the applications having found that she had been given full and fair consideration.
Legal Principle(s)
An appeal is defective when an Appellant fails to clearly define the grounds of appeal as required under Article 2(1) of the Ä¢¹½ÊÓÆµAT Statute. Ä¢¹½ÊÓÆµDT has broad discretion in managing its cases. Absent any illegality, there can be no compensation.