2021-惇蹋厙AT-1095

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The evidence of procedural errors and irregularities supported the Dispute Tribunal＊s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by 惇蹋厙DT and by which 惇蹋厙DT assessed Mr.; Russo-Got＊s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by 惇蹋厙DT, 惇蹋厙AT defers to its discretion in awarding and quantifying the pecuniary damages.

Decision Contested or Judgment/Order Appealed

The decision to not select Mr Russo-Got for P-4 ERP/SAP Project Manager post

Legal Principle(s)

The 惇蹋厙DT applied 惇蹋厙AT＊s reasoning in reviewing the shortlisting decision and considered not keeping a written record of the contested administrative decision with reasons for the shortlisting process to be irregular, as the lack of a contemporaneous written record of the decision to shortlist and the lack of reasons for the shortlisting decision undermine the ability of a staff member to challenge that decision and the ability of the tribunal conducting a judicial review to adequately review the decision and its reasons.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. 惇蹋厙DT/2020/077 affirmed.

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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

Marius Mihail Russo-Got

Entity

Case Number(s)

Tribunal

Registry