2019-��AT-919

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that the issue of whether the staff member��s application was pre-screened by a Human Resources Officer was irrelevant in determining whether his candidature received full and fair consideration. On the basis that ��DT failed to enquire as to what options were available to the staff member on Inspira at the time of application, ��AT held that ��DT��s findings that Inspira did not reflect the variety of the educational system of all the Member States equally and that the staff member��s candidature had not been afforded full and fair consideration were not supported by the facts. ��AT held that ��DT erred on a question of fact which resulted in a manifestly unreasonable decision. ��AT upheld the appeal, vacated the ��DT judgment, and remanded the case to ��DT for additional fact-finding.

Decision Contested or Judgment/Order Appealed

The Applicant contested his non-consideration and non-selection for a position. ��DT found that his application had been erroneously screened out by a Human Resources Officer on the basis that he did not hold a first-level university degree as required by the job opening. ��DT found that the Applicant��s application had not been afforded full and fair consideration and that, as a result, his exclusion from the recruitment process for the job opening was unlawful. ��DT rescinded the contested decision and, in the alternative, awarded compensation.

Legal Principle(s)

A factual determination cannot be made without the relevant evidence.

Outcome

Appeal dismissed on merits

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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

Krioutchkov

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement