¹ú²úAV

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the RIITD post, it could not find on the preponderance of evidence that the reason for that failure was an act of harassment, discrimination or abuse of process. The Tribunal found that it was rather an example of the systemic failures of the human resources system in place at time in the ECA.