2021-��AT-1099

��AT Held or ��DT Pronouncements

��AT held that ��DT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because ��DT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. ��AT held that ��DT also erred in fact when it found that certain ��AT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited ��AT precedents.

Decision Contested or Judgment/Order Appealed

The decision to cancel the selection process for RFR 104637

Legal Principle(s)

A delicate balance must be struck between efficiency in the recruitment exercise and respect for the rights of the candidates. Even allowing the Administration a certain degree of discretion in canceling the RFR and issuing a new TJO, to consider Mr.; Ponce-Gonzalez��s application not receivable would impose upon him too much of a burden before he is able to contest his disqualification from the first selection exercise.

Outcome

Appeal granted

Outcome Extra Text

Appeal upheld Judgment No. ��DT/2020/079 vacated, and the case was remanded to ��DT for additional fact-finding and judgment on the 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

Antonio Ponce-Gonzalez

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement