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Judgment No. 2060

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

"Candidates who apply for a post to be filled by competition, whatever their hopes of success may be, are entitled to have their applications considered in good faith and in keeping with the basic rules of fair competition. An organisation must be careful to abide by the rules on selection and when the process proves flawed, the Tribunal will quash any resulting appointment, albeit on the understanding that the organisation must 'shield' the successful candidate from any injury (see for example Judgments 1990 and 2020 and the others cited therein)."

Reference(s)

ILOAT Judgment(s): 1990, 2020

Keywords

injury; case law; general principle; due process; equal treatment; good faith; international civil service principles; appointment; competition; candidate; competition cancelled; post; qualifications; condition

Consideration 7(a)

Extract:

"The complainant alleges that the decision not to shortlist him was not adequately explained. But the plea cannot succeed. Precedent has it that when an organisation informs candidates that they have been unsuccessful, it must take care not to harm their prospects. Moreover, in announcing the results of a competition and, more generally when the administration has to choose between several candidates, as here, the reasons for the choice need not be given at the same time as the decision. It is enough for the reasons to be given in some later procedure (see Judgments 1990 and 2035 and the others cited therein)."

Reference(s)

ILOAT Judgment(s): 1990, 2035

Keywords

decision; duty to substantiate decision; grounds; case law; organisation's duties; respect for dignity; competition; candidate; refusal



 
Last updated: 05.09.2014 ^ top