����AV

When reviewing administrative decisions regarding appointments and promotions, the Tribunal considers: (a) whether the procedure in the Staff Regulations and Rules was followed; (b) whether the staff member was given fair and adequate consideration; and (c) whether the applicable rules were applied in a fair, transparent, and non-discriminatory manner. The Tribunal's role is not to substitute its decision for that of the Administration. While the initial burden of proof is on the Respondent to show that full and fair consideration was given to an applicant’s candidature, the burden then shifts to the Applicant to prove unfairness in the selection process. Rebuttal of the presumption of regularity after the initial burden shifts from the Respondent occurs only where clear and convincing evidence establishes that an irregularity was highly probable. If any of the concerns raised by the applicant is established as clearly and convincingly proving irregularity in the selection process, the Tribunal must consider whether the irregularity impacted on the applicant’s chances of selection. The Staff Selection Manual is not part of the regulatory framework. Should there be any inconsistency between the manuals and the text of the Administrative Instruction (“AI”) on Staff Selection, the provisions of the AI prevail.