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The staff selection system versus lateral moves: This Tribunal is of the view that, because secs. 2.1 to 2.3 of ST/AI/2010/3 refer to the selection system, including the roster, and sec. 2.5 refers to transfer, which is excluded from the scope of the staff selection system, in accordance with sec. 3.2(l), the hiring manager and the head of department must give priority and exercise their discretion firstly by implementing the roster system right from the beginning of it, deciding if any pre-approved candidate from the roster (who is reviewed and endorsed by a central review body and has been...

The Tribunal noted that, in fact, the selection procedure for the post had never been completed: a revised vacancy announcement (VA) for the same post was later re-advertised and the recruitment process was still pending. The Tribunal considered that the second VA was a continuation of the same selection process, for which a final decision had still to be made, hence the application was rejected as irreceivable as it was premature.

The Tribunal found that although the requirements under the Policy and Procedures on Assignments and Promotions (¡°PPAP¡±) with respect to the level of detail/content of the minutes of the deliberations of the Senior Assignments Committee were only minimally met, this did not invalidate the selection process. The evaluation of both the Applicant and the successful candidate was made against the criteria as contained in the job description, based on the candidates¡¯ respective fact sheets, and not on any wrong assumptions or errors. The Tribunal found that the Applicant received full and fair...

The Application was rejected on the merits.

The Tribunal granted the application in part and awarded the Applicant USD18,000 in moral damages: USD3,000 for each of the six RC position for which she applied in her August and November 2013 job applications (the appeal against other non-selection decisions was not found receivable as it had been made out of time). When assessing the Applicant¡¯s relevant applications, it was unlawful for the EG to not nominate the Applicant as this decision was based on her 2012 performance appraisal report, which, at the given time, was still under rebuttal, and not on the last three performance appraisal...

The Tribunal found established that the Hiring Manager had a certain bias against candidates who, like the Applicant, were already working at the Division when she joined it as its Director. However, this bias did not crystallise so as to have had an impact on the Applicant¡¯s candidature as all candidates¡¯ tests were rated on an anonymity basis by four panel members. The Administration made a minimal showing that the procedure had been proper by following a protocol designed to ensure the candidates¡¯ anonymity until after the written test was graded and, hence, the burden of proving that the...

The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-¨¤-vis the Applicant. Any...

Administration¡¯s discretion in constituting interview panels for temporary appointments - It is within the discretion of the Administration as to how the interview panel for a temporary position is constituted as long as the composition of the said panel is consistent with the requirements of ST/AI/201/4/Rev. 1.

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The Ä¢¹½ÊÓƵDT found that the Applicant was given full and fair consideration in the selection process. However, the Ä¢¹½ÊÓƵDT found that the selection exercise...

The hiring manager for the contested position had determined that the Applicant did not fully meet the work experience requirements for the job opening. The Tribunal did not consider that the assessment of the hiring manager that the Applicant had not provided evidence of the relevant work experience was clearly erroneous or unreasonable so as to constitute an error of fact. In addition, after considering ST/AI/2010/3 (Staff selection system) and the Manual for the Hiring Manager on the Staff Selection System, the Tribunal found that there was no error of law when the hiring manager conducted...