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Judgment No. 564

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

The complainant asks the Tribunal to order the organisation to stop all discriminatory practices against him and give him full justice in the matter of career advancement. What this claim "entails is that the Tribunal order the [organisation] to perform obligations set out in the Staff Regulations but stated in such general terms that their performance is unenforceable. The claim is therefore too imprecise to be valid and is irreceivable, and the Tribunal will not consider the pleas in support of it."

Keywords

vague claim; receivability of the complaint

Consideration 6

Extract:

The Board, made up of four staff members, included the chief of the Bureau in which the vacancy was to be filled. "Its composition was in line with the [...] rules on open competitions and was therefore correct in this instance since applications were invited [...] from outside candidates. [...] The elimination of all outside candidates in the course of the selection procedure did not change the competition into an internal one."

Keywords

competition; open competition; selection board; composition of the internal appeals body

Consideration 7

Extract:

The complainant objects that having only one candidate take the written test was a ruse. "The fact that two of those invited to take the test decided not to do so does not mean that the third was unduly favoured."

Keywords

competition; candidate; bias

Consideration 3

Extract:

Endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the Tribunal. "In this instance the Tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the Selection Board and the Director-General full responsibility for their choice."

Keywords

appointment; competition; candidate; judicial review; discretion

Consideration 8

Extract:

The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."

Keywords

vacancy; seniority; appointment; competition; candidate; qualifications; judicial review

Consideration 2

Extract:

The complainant asks the Tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. These claims "come within the Tribunal's competence as defined in Article II of its Statute and are therefore receivable."

Reference(s)

ILOAT reference: ARTICLE II OF THE STATUTE

Keywords

injury; receivability of the complaint; competence of tribunal; competition; application for quashing

Consideration 9

Extract:

The complainant was eliminated from a competition. Another candidate was selected: "It is no breach of any provision of the Staff Regulations to promote someone who has been in his previous grade for only a year. It is immaterial whether that is common practice or not."

Keywords

practice; grade; promotion; seniority; condition

Consideration 5

Extract:

"The rules on competitions were revised in 1981. The new rules provided for setting up a selection board, and its members were appointed later. The competition of which the complainant is challenging the outcome opened in June 1981 and it was decided to apply the old rules. His objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the Selection Board, its effect appears to have been to speed up the competition procedure."

Keywords

applicable law; staff regulations and rules; amendment to the rules; provision; competition

Consideration 4

Extract:

The original announcement of the vacancy said that the incumbent would join a team which was to prepare a 'report on world employment. A revised version, in keeping with the French text and the organisation's intention, replaced the words with 'world labour report'. "It is obvious that the change had no effect on the competition procedure, and it is not a procedural defect impairing the validity of the impugned decision."

Keywords

amendment to the rules; competition; vacancy notice; flaw; procedural flaw



 
Last updated: 14.04.2020 ^ top