Judgment No. 3206
1. The decision of the Director General of WIPO of 2 December 2010 and that of 1 October 2009 appointing Mrs H. as Senior Project Director are set aside.
2. All other claims are dismissed.
3. WIPO shall shield Mrs H. from any injury which may result from the cancellation of her appointment.
The complaint, which aims at the cancellation of a contested appointment, is allowed.
The complainant challenges the decision to appoint a colleague to a grade D-2 position through a direct recruitment procedure. The Tribunal finds that there was no valid reason to apply such a procedure. “The Director General was therefore right to conclude […] that [the] appointment […] was unlawful. However, he was mistaken in believing that this did not oblige him to withdraw that appointment. Since this unlawful decision was the subject of an internal appeal validly filed by another staff member who had cause of action, the Director General had no option but to withdraw it. [T]he fact that [the colleague in question] had left the Organization’s service in the meantime did not alter that duty […].”
cause of action; internal appeal; appointment; competition; flaw; selection procedure
“[T]he complainant has no cause of action in seeking the repayment of [the] emoluments [paid to the colleague whose appointment he challenges] or calling into question her pension rights, as these measures would have no bearing on his own situation (see, for example, Judgment 2281, under 4(a) and (b)).”
ILOAT Judgment(s): 2281
lack of injury; locus standi; cause of action; appointment; pension entitlements
complaint allowed; decision quashed; appointment without competition