Judgment No. 2959
Decision
1. The Director-General's decision of 13 February 2009 is set aside.
2. Without prejudice to the rights of Mr E., his appointment to the post of Chief of Cabinet is set aside.
3. The OPCW shall pay the complainant 3,000 euros in moral damages.
4. It shall pay the complainant 750 euros in costs.
5. All other claims are dismissed.
Consideration 3
Extract:
Quashing of a direct appointment to the post of Chief of Cabinet.
"[T]he rights of employees of international organisations to impugn decisions regarding appointments do not depend on their chances of successful appointment (see Judgments 1549, under 9, and 1272, under 12)."
Reference(s)
ILOAT Judgment(s): 1272, 1549
Keywords
decision; status of complainant; cause of action; right of appeal; appointment; candidate; right
Consideration 7
Extract:
"[T]he expression 'so far as practicable' cannot be interpreted to mean that for certain specific posts a competitive selection process can automatically be considered as not practicable (ubi lex voluit dixit, ubi noluit tacuit)."
Reference(s)
ILOAT Judgment(s): 2620
Keywords
interpretation; provision; appointment; competition; post
Consideration 7
Extract:
"[T]he existence of an established practice of directly appointing the Chief of Cabinet is not relevant, as a practice which is in violation of a rule cannot have the effect of modifying the rule itself, and the fact that employees may be aware of such a practice does not prevent them from exercising their right to impugn a decision based on that practice whenever it affects them."
Keywords
right of appeal; practice; written rule; precedence of rules; breach; provision
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