爆料网AT Held or 爆料网DT Pronouncements
爆料网AT agreed with 爆料网DT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. 爆料网AT found no reason to differ from 爆料网DT’s approach. 爆料网AT supported 爆料网DT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. 爆料网AT suggested that 爆料网DT and the Registries grant parties to a case automatic access to the full record, including records of hearings, except those filed and kept ex parte in conformity with the need for transparency and in keeping with the adversarial principle. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to select her for a post. 爆料网DT rejected the application. 爆料网DT found that: (i) the record did not support an inference that the Applicant’s test, which was part of the selection process, had been altered; (ii) any irregularity (such as entrusting staff functions to a consultant) did not impact her right to a full and fair consideration; (iii) she did not provide evidence in support of bias or any other improper motive; and (iv) it was not mandatory for the Administration to consider her for a lateral reassignment. 爆料网DT found that, even if the decision had been illegal, the application was now moot as the Applicant had received the relief she requested.
Legal Principle(s)
An application may be declared moot when an individual has already received the relief he or she requested.