Judgment No. 3868
The complaint is dismissed.
The complainant challenges the decision not to shortlist him for a position for which he had applied.
selection procedure; complaint dismissed
The Tribunal considers it convenient to outline the relevant applicable legal framework at this juncture. The basic principle is that a decision concerning the selection of a successful applicant in a competition is a discretionary one and is subject to only limited review. It may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. Nevertheless, anyone who applies for a post to be filled by a selection process must have her or his application considered in good faith and in keeping with the basic rules of fair and open competition. An organisation must abide by its own rules on selection and, when the process proves to be flawed, the Tribunal can quash any resulting appointment, albeit on the understanding that the organisation must ensure that the successful candidate is shielded from any injury which may result from the cancellation of an appointment accepted in good faith (see Judgment 3652, under 7).
ILOAT Judgment(s): 3652