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Receivability: The Applications were filed within the applicable time limit, all the Applicant¡¯s claims were properly submitted for management evaluation and are therefore receivable. Full and fair consideration: The Applicant was not given full and fair consideration in the selection process. The Chief, Ä¢¹½ÊÓƵON/DSS, has consistently employed personal methods to frustrate the Applicant¡¯s career prospects. Harassment: The Applicant was a victim of harassment in the workplace. The Chief, Ä¢¹½ÊÓƵON/DSS¡¯ actions constituted harassment as defined under para. 1.2 of ST/SGB/2008/5. Abuse of authority: The...

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal found that the selected candidate did not fulfill the requirement of fluency in French hence his selection was illegal, despite his status as a roster candidate. It further noted that since the Administration had not examined the other candidates, including the Applicant, the latter¡¯s right to full and fair consideration was violated. The Applicant had only requested the rescission of the decision not to select her, without requesting the rescission of the decision to select the successful candidate. The Tribunal rejected the Applicant¡¯s request for rescission and merely ordered...

The Tribunal concluded that: (a) the selection process for the post of D/ACGSD was not handled correctly and lawfully due to apparent bias on the part of the ASP and that he suffered prejudice/damage as a result; and (b) the Applicant was not the victim of harassment and discrimination in relation to this case. Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. The Tribunal concluded that the Advisory Selection Panel (ASP) in the present...

The Applicant alleged that the selection exercise was procedurally flawed and biased against him. The Ä¢¹½ÊÓƵDT found that the candidates¡¯ answers on the written tests were marked by an assessor who did not know the identities of the candidates. The Ä¢¹½ÊÓƵDT found that the Applicant was not prejudiced by the manner in which the test was carried out. The Ä¢¹½ÊÓƵDT found the Applicant¡¯s claims unsubstantiated and dismissed the application.

The Tribunal found that since the Applicant failed to request the Administration to open a new TVA, and as such to provoke an administrative decision of refusal, the application was irreceivable in this respect. The Tribunal further found that the decision to select another candidate was procedurally flawed since the Applicant, despite her request, was not provided with the names of the members of the Interview Panel. In view of the case history, there is no doubt that the Applicant would have requested a change of Panel members and a reasonable Administrator would have conceded to her request...

The Ä¢¹½ÊÓƵDT found that the post in question was a New York-based post to be assigned to the Entebbe office ¡°subject to finalisation of arrangements for the initiation of a Regional Procurement Office¡±. This post was filled through a selection exercise that was finalized when the offer of appointment was made to Mr. YK in April 2011. The movement of the selected staff member, along with his post, to Entebbe was not a lateral move or a new recruitment, but rather implementation of the selected staff member¡¯s terms of appointment in line with the vacancy announcement that provided that recruitment...

The Tribunal found that the decision was lawful and that the case file did not allow concluding that it was tainted by favoritism for the selected, external candidate, inter alia, since the HM had initially recommended an internal candidate. Procedural irregularities: The decision not to convoke a shortlisted, internal candidate, who was not recommended by the HM, for a test and/or interview is in accordance with the applicable rules at Ä¢¹½ÊÓƵHCR. Ä¢¹½ÊÓƵHCR policy on comparative review is not applicable in cases of non-selection not involving the abolition of post. Discretionary authority: In...