Judgment No. 4356

• Organization: International Criminal Court (ICC)
• Date: 07.12.2020
• Original: English
• Judges: Frydman, Barbagallo, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to place him on the shortlist for a position for which he had applied as a priority candidate.

Judgment keywords

Keywords

receivability of the complaint; selection procedure; complaint dismissed

Consideration 3

Extract:

The Tribunal has accepted that a staff member can challenge a selection process even if the position was ultimately not filled (see Judgment 4033), and that a flawed selection process can result in the loss of a valuable opportunity to be appointed (see Judgment 4098).

Reference(s)

ILOAT Judgment(s): 4033, 4098

Keywords

cause of action; selection procedure; loss of opportunity

Consideration 4

Extract:

The complainant sought the joinder of his complaints concerning his failed attempts to secure appointment to [a] position [...]. The ICC agreed but only if this complaint is receivable. However while the substratum of facts overlap to an extent, the sole legal issue arising in his seventh complaint does not arise in the other two complaints. Accordingly this complaint will not be joined with either of the others.

Keywords

joinder