Judgment No. 3032
1. The decisions of 26 May 2009 as well as the decisions resulting from the competition are set aside.
2. The competition process shall be resumed as indicated under 25.
3. The ILO shall pay each complainant 5,000 Swiss francs in compensation for the moral injury caused to her.
4. It shall also pay each of them 5,000 francs in costs.
5. All other claims are dismissed.
"According to the Tribunal's case law, as reflected, inter alia, in Judgments 556, under 4(b), and 2142 under 16 and 17, a candidate is not entitled to consult any record there may be of a discussion by the selection board or to know the identity of all the candidates who were eliminated."
ILOAT Judgment(s): 556, 2142
complaint allowed; complaint allowed in part; communication to third party; competition; candidate; selection board; right
"According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein)."
ILOAT Judgment(s): 2210
procedure before the tribunal; complaint allowed; complaint allowed in part; formal requirements; right of appeal; equal treatment; organisation's duties; duty to inform; vacancy; competition; candidate; safeguard; official
"[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."
ILOAT Judgment(s): 2163
complaint allowed; complaint allowed in part; decision; case law; general principle; due process; organisation's duties; written rule; staff regulations and rules; provision; appointment; competition; consequence