Ģ��ƵDT/2020/134

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.

Decision Contested or Judgment/Order Appealed

The Applicant contested the Ģ��ƵHCR��s decision to not select him for a P-3 Resettlement Officer Position.

Legal Principle(s)

According to the jurisprudence of the Tribunal, in staff selection matters, the starting point is the presumption that official functions have been regularly performed. This presumption is satisfied where management minimally shows that the staff member��s candidature was given fair and adequate consideration. Once management satisfies this initial requirement, the burden shifts to the Applicant to show through clear and convincing evidence that he was not given fair and adequate consideration.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant was awarded compensation in the sum of six months�� net earnings.

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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

Arango

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement