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Judgment No. 3136

Decision

The complaints are dismissed as irreceivable.

Judgment keywords

Keywords

cause of action; selection procedure; complaint dismissed

Consideration 1

Extract:

[S]ince the two complaints before the Tribunal concern the selection processes regarding the same post and share, to a significant extent, the same factual background and raise common issues of fact and law and seek the same redress, they are joined to form the subject of a single ruling.

Keywords

joinder

Consideration 1

Extract:

[T]he complainant applies for an oral hearing for the purpose of clarifying his case. However, he has not identified any evidence he wishes to adduce or any clarification that he cannot make equally well in his written pleadings. Further, as these complaints largely address questions of law an oral hearing will not be ordered.

Keywords

oral proceedings

Consideration 11

Extract:

[A]ccording to Article II, paragraph 5, of the Statute of the Tribunal, to be receivable claims must relate to decisions involving the terms of a staff memberís appointment or the provisions of the Staff Regulations. The Tribunal observes that the complainantís involvement in the selection process for the relevant post ended in April 2004, when he was informed that he had not been shortlisted for an interview. He did not challenge that decision when it was rendered and he does not allege now that it was improperly taken. Subsequent to the complainantís elimination from the applicant pool, the selection panel erred by failing to refer Mr S.ís name to the Regional Director. Mr S. was able, on the basis of that error, to appeal successfully the decision appointing Mr K. to the post. The complainant did not challenge Mr K.ís appointment at the time. The subsequent decision to resume the selection process from the stage of the Regional Directorís consideration of the names referred to him by the selection panel did not concern the complainant; he had already been validly screened out of the process at that point. It follows that it cannot be said that the decision in any way engaged the terms of the complainantís appointment or breached the Staff Regulations.

Keywords

receivability of the complaint



 
Last updated: 26.08.2020 ^ top