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Judgment No. 1158

Decision

1. THE CHALLENGED DECISION IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE SUM OF 3,000 UNITED STATES DOLLARS IN DAMAGES FOR MATERIAL AND MORAL INJURY.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT $2,000 IN COSTS.
4. HIS REMAINING CLAIMS ARE DISMISSED.

Consideration 5

Extract:

"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."

Keywords

equal treatment; organisation's duties; competition; candidate; open competition; criteria

Considerations 6, 8 and 9

Extract:

"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".

Keywords

procedure before the tribunal; general principle; due process; organisation's duties; patere legem; competition; condition; criteria



 
Dernière mise à jour: 19.08.2020 ^ haut