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Mr. Moulana appealed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøATnoted that the ±¬ÁÏÍøDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the ±¬ÁÏÍøDT found he failed to provide. Therefore...

The ±¬ÁÏÍøAT held that the ICAO Appeals Board implemented internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the Appeals Board no longer provided only advice or mere recommendations to the ICAO Secretary General, but rather final decisions and, therefore, was a neutral first instance process. It further found that while it might have been open to ICAO to consider using the ±¬ÁÏÍøDT for resolution of staff member disputes, it was free not to do so and cannot be criticised for doing as it did. It concluded that the Appeals Board¡¯s...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the ±¬ÁÏÍøRWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

With regard to the Appellant¡¯s argument that the non-selection decision was unlawful because...

As long as the Temporary Job Opening had no impact on the Applicant¡¯s chances of selection, then an irregularity could not be relied upon as a basis for the selection process to be declared unlawful.

The Tribunal agreed with the Respondent that the Applicant cannot base his argument against the selection process in JO# 136259 by questioning the process in other matters which do not affect his case.

The Tribunal held that whilst the procedure spelt out in ST/AI/2010/3 was not followed, it was unable to see how this irregularity could have had any impact on the selection process.

The ±¬ÁÏÍøAT dismissed Mr. Ponce-Gonzalez's appeal. The ±¬ÁÏÍøAT dismissed Mr. Ponce-Gonzalez¡¯s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration¡¯s routine of selecting candidates for advertised positions. The ±¬ÁÏÍøAT further found that the ±¬ÁÏÍøDT did not err in finding no irregularity in...

The ±¬ÁÏÍøAT dismissed the appeal. It held that the ±¬ÁÏÍøDT erred in its consideration of the Administration¡¯s assessment of Mr. Ponce-Gonzalez¡¯s experience against the evaluation criteria; the ±¬ÁÏÍøDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that ¡°none of the rostered candidates had met all of the required and desirable criteria of the job opening¡±, and concluding that ¡°at least one of the rostered candidates (the Applicant) met and exceeded all criteria¡±. In so doing, the ±¬ÁÏÍøDT improperly appropriated the discretion of the Secretary...

The ±¬ÁÏÍøAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The ±¬ÁÏÍøAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo¡¯s candidacy. The ±¬ÁÏÍøAT agreed with the ITLOS JAB that Mr. Savadogo¡¯s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the Administration had shown that Mr. Mirella¡¯s candidature was given full and fair consideration which satisfies the presumption of regularity, and that Mr. Mirella has not proven through clear and convincing evidence that he was denied a fair chance. The ±¬ÁÏÍøAT reviewed Mr. Mirella¡¯s contention that the ±¬ÁÏÍøDT erred in finding that his exclusion from the shortlist was in compliance with Section 7.4 of ST/AI/2010/3 (Staff selection system). Specifically, the ±¬ÁÏÍøAT evaluated Mr. Mirella¡¯s argument that the Hiring Manager erroneously found that he did not meet the...

Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO¡¯s) presence in the other CBIs gave them a better chance. Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature. The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...

The Tribunal found that the Applicant¡¯s candidature was not given full and fair consideration. Many questions were deleted after the test, a grading methodology was developed after the test and even the passing grade was determined after the test. If indeed there was a legitimate need to make a correction, which there was no proof that there was, the permitted action that the Administration could have taken as per Chhikara 2020-±¬ÁÏÍøAT-1014 was either: (a) administer a new written test to all candidates; or (b) implement variations to the assessment methodology that would not have prejudiced any...