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Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and Mr Chhikara. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their ¡°key¡± answers, which directly related to the written test which Mr Chhikara failed. Ä¢¹½ÊÓƵAT held that, by rejecting Mr Chhikara¡¯s request for the missing evidence and judging the case without it, Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓƵAT noted that the interests of justice and judicial economy may be...

Ä¢¹½ÊÓƵAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. Ä¢¹½ÊÓƵAT held that accounting for factors such as Ä¢¹½ÊÓƵAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. Ä¢¹½ÊÓƵAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. Ä¢¹½ÊÓƵAT held that the Appellant was unable to show through clear and...

Ä¢¹½ÊÓƵAT held that the issues relating to the conduct of the first test were of no relevance to the appeal and had no legal consequence because the first test and the proposed selection exercise had been cancelled. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that a selection process may only be challenged in the context of an appeal against the outcome of that process. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT did not err in dismissing the first three grounds of the application. With respect to the second test, Ä¢¹½ÊÓƵAT agreed with the finding of Ä¢¹½ÊÓƵRWA DT that the Appellant was unable to contest the Agency¡¯s decision to conduct a...

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, Ä¢¹½ÊÓƵAT noted that the presence of two directors from the Education Department on the interview panel did not offend Ä¢¹½ÊÓƵRWA¡¯s regulatory framework. Ä¢¹½ÊÓƵAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. Ä¢¹½ÊÓƵAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s identity was probably known by the assessment panel at the time her test was marked. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s test was graded by the assessment panel after it had sent the transmittal memorandum to the Central Review Panel (CRP), creating the additional burden for the Appellant of having to persuade the assessment panel to change its original recommendation in the transmittal memorandum. Ä¢¹½ÊÓƵAT held that, as the candidates recommended in the transmittal memorandum did not have this additional burden, it could not be said that all candidates received equal...

Ä¢¹½ÊÓƵAT agreed that the application was not receivable ratione materiae. The Tribunal explained that on 21 March 2019, it had become clear to the staff member that the Agency had not shortlisted her for these two posts. This information was confirmed on 21 March 2019 by HR to the staff member. The Tribunal also noted that there were nothing in the communications between the parties indicating that the matter would be reopened or reconsidered. Furthermore, the subsequent email from HR on 8 April 2019 detailing the reasons why she was not selected was not a new administrative decision but rather a...

Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General¡¯s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. Ä¢¹½ÊÓƵAT firstly held that Ä¢¹½ÊÓƵDT erred when it ruled that the invitation e-mail respected the advance notice requirement. Ä¢¹½ÊÓƵAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. Ä¢¹½ÊÓƵAT held that Mr Krioutchkov has failed to rebut the Ä¢¹½ÊÓƵDT finding regarding the legality of the CRB process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the Ä¢¹½ÊÓƵAT jurisprudence. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.

The Tribunal found that the contested decision was lawful and that the selected candidate met the required work experience for the post. Computation of part-time experience: The conversion of part-time work experience to relevant work experience is within the discretion of the administration as long as the method used is not arbitrary or irregular. Written tests: Though there are no established rules and or guidelines for the rating system and the distribution of points for a written test exercise, a hiring manager has discretion in developing a standard to be used to govern the awarding of...