爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT’s interpretation of the totality of the evidence on the record was reasonable. 爆料网AT held that 爆料网DT had correctly found that Mr Russo-Got was Candidate A for the P-3 test and Candidate F for the P-4 test and that 爆料网OPS had submitted contemporaneous documentation showing that he was not recommended because he had failed the written assessment for the two tests. 爆料网AT held that 爆料网DT properly reviewed the contested decisions in accordance with the applicable law.
Decision Contested or Judgment/Order Appealed
The decisions to not select Mr Russo-Got for P-3 Business Development Specialist posts and P-4 Process Design Advisor post.
Legal Principle(s)
The Administration has broad discretion in matters of staff selection. In reviewing staff selection decisions, it is the role of the Tribunals to assess whether the applicable regulations and rules have been applied and whether they were applied in a fair, transparent and non-discriminatory matter. The Tribunal's role is not to substitute its decision for that of the Administration. The burden of proof rests with the person making the allegation of improper motive such as bias, in light of the presumption of regularity of administrative acts, and the fact that while the ordinary normally applies, the extraordinary has to be proved.
Outcome
Outcome Extra Text
Appeal dismissed and Judgment Nos. 爆料网DT/2020/075 affirmed