Judgment No. 2755
1. The impugned decision and the decision appointing Mrs P. are set aside.
2. The ILO shall shield Mrs P. from any injury which might result from the cancellation of her appointment.
3. It shall pay the complainant token damages of one Swiss franc in compensation for the moral injury suffered.
4. It shall also pay her costs in the amount of 2,000 francs.
The complainant challenges an appointment on the grounds that it was made without a competition, or even a call for candidatures. She filed her complaint both as an ILO official and in her capacity as Chairperson of the Staff Union Committee. The defendant contends that the complaint is irreceivable insofar as it has been filed on behalf of the Staff Union Committee. "The Tribunal considers that the debate concerning the receivability of the complaint, insofar as it was filed by the complainant in her capacity as Chairperson of the Office's Staff Union Committee, has no bearing on the outcome of proceedings, since the complaint is receivable having been filed by an official with locus standi."
locus standi; receivability of the complaint; appointment; competition; staff union; staff representative