Judgment No. 1323
1. THE ORGANIZATION SHALL PAY THE COMPLAINANT 30,000 UNITED STATES DOLLARS IN DAMAGES FOR MATERIAL AND MORAL INJURY.
2. IT SHALL PAY HIM $5,000 IN COSTS.
The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.
complaint allowed; complaint allowed in part; internal appeals body; submissions; evidence; confidential evidence; candidate; internal candidate; open competition; selection board
Vide Judgment 133.
ILOAT Judgment(s): 133
complaint allowed; complaint allowed in part; staff member's interest; career; legitimate expectation; professional experience; seniority; satisfactory service; candidate; internal candidate; post; priority; organisation's interest