2021-Ģ��ƵAT-1095

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The evidence of procedural errors and irregularities supported the Dispute Tribunal��s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by Ģ��ƵDT and by which Ģ��ƵDT assessed Mr.; Russo-Got��s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by Ģ��ƵDT, Ģ��ƵAT defers to its discretion in awarding and quantifying the pecuniary damages.

Decision Contested or Judgment/Order Appealed

The decision to not select Mr Russo-Got for P-4 ERP/SAP Project Manager post

Legal Principle(s)

The Ģ��ƵDT applied Ģ��ƵAT��s reasoning in reviewing the shortlisting decision and considered not keeping a written record of the contested administrative decision with reasons for the shortlisting process to be irregular, as the lack of a contemporaneous written record of the decision to shortlist and the lack of reasons for the shortlisting decision undermine the ability of a staff member to challenge that decision and the ability of the tribunal conducting a judicial review to adequately review the decision and its reasons.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. Ģ��ƵDT/2020/077 affirmed.

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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

Marius Mihail Russo-Got

Entity

Case Number(s)

Tribunal

Registry