爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Appellant’s Motion for Leave to Submit Additional Evidence, his appeal, and the Commissioner-General's cross-appeal. 爆料网AT found that the Applicant did not demonstrate any exceptional circumstances that would justify the filing of any additional documentary evidence and denied his motion. 爆料网AT held that the claim in Appellant’s Appeal was not initially brought before 爆料网RWA DT and could not be introduced for the first time before 爆料网AT. 爆料网AT held that the Commissioner-General's cross-appeal was entirely without merit and that 爆料网RWA DT was correct to find that the irregularity “is of such significance as it could well have affected the outcome of the recruitment process” and that the decision not to select the Appellant must be rescinded. 爆料网AT dismissed the appeal and cross-appeal.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to not select him for the post. 爆料网RWA DT found that the Interview Panel had been composed in an irregular manner and ordered rescission of the decision.
Legal Principle(s)
The absence of a representative of the Recruitment Administrator with voting rights renders the composition of the Interview Panel irregular. Compliance with this requirement is not optional, as the intention of this provision is that the vote of the representative of the Recruitment Administrator will be one of the components of the Interview Panel’s recommendation.