2013-惇蹋厙AT-340

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that the appeal was not based on any of the required grounds. 惇蹋厙AT held that 惇蹋厙RWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. 惇蹋厙AT held that 惇蹋厙RWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. 惇蹋厙AT agreed with 惇蹋厙RWA DT＊s observation that it was not enough for the Appellant to merely allege favouritism and yet produce no cogent evidence, arguments, or submissions in support thereof. 惇蹋厙AT held that 惇蹋厙RWA DT was entitled to decide on the evidence before it that there was no procedural impropriety, favouritism or any other kind of bias or prejudice that tainted the selection process and the decision to appoint the successful candidate. 惇蹋厙AT held that the Appellant failed to demonstrate that 惇蹋厙RWA DT committed any error of fact or law in arriving at its decision and that accordingly, there was no merit in the appeal. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙RWA DT judgment.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA DT judgment: The Applicant contested his non-selection for a post. 惇蹋厙RWA DT dismissed his application, concluding that there was no procedural impropriety, favouritism or any other kind of bias or prejudice that tainted the selection process and the decision to appoint the successful candidate.

Legal Principle(s)

The appeals procedure is of a corrective nature and is thus not an opportunity for a party to reargue his or her case. A party cannot merely repeat on appeal arguments that did not succeed in the lower court; rather, he or she must demonstrate that the court below committed an error of fact or law warranting intervention by 惇蹋厙AT.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Dannan

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement