Judgment No. 1372
1. THE DIRECTOR-GENERAL'S DECISION OF 6 AUGUST 1993 IS QUASHED.
2. THE CASE IS SENT BACK TO THE ORGANIZATION SO THAT THE REGIONAL BOARD OF APPEAL AND, IF NEED BE, THE HEADQUARTERS BOARD OF APPEAL MAY TAKE UP THE COMPLAINANT'S APPEAL ANEW.
3. THE ORGANIZATION SHALL MAKE AVAILABLE TO THE BOARDS OF APPEAL THE FULL RECORDS OF THE AD HOC SELECTION COMMITTEE'S PROCEEDINGS FOR THE PURPOSE OF APPEAL.
4. IT SHALL PAY THE COMPLAINANT THE SUM OF $3,000 IN DAMAGES FOR MORAL INJURY.
5. IT SHALL PAY HIM $500 IN COSTS.
6. HIS OTHER CLAIMS ARE DISMISSED.
"As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."
Jugement(s) TAOIT: 1177, 1323
procedure before the tribunal; moral injury; internal appeals body; internal appeal; confidential evidence; disclosure of evidence; case law; judicial review; flaw