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Judgment No. 1497

Decision

1. THE WORLD HEALTH ORGANIZATION SHALL PAY THE COMPLAINANT DAMAGES IN THE AMOUNT OF 5,000 UNITED STATES DOLLARS.
2. IT SHALL PAY HIM 2,000 DOLLARS IN COSTS.

Consideration 5

Extract:

"Anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be."

Keywords

complaint allowed; cause of action; equal treatment; good faith; organisation's duties; competition; candidate

Consideration 7

Extract:

"The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

Keywords

complaint allowed; due process; appointment; competition; candidate; vacancy notice; qualifications; condition

Consideration 8

Extract:

"The defendant argues that since [the selected candidate] was an internal candidate it was right anyway to give her priority in the process of selection. The plea fails. As the Tribunal held, for example, in Judgment 519 [...], priority is not due to an internal applicant who does not have the minimum qualifications."

Reference(s)

Jugement(s) TAOIT: 519

Keywords

complaint allowed; case law; appointment; competition; internal candidate; qualifications; priority; condition

Consideration 9

Extract:

"An organisation has discretion in holding interviews according to its own rules."

Keywords

complaint allowed; competition; discretion



 
Dernière mise à jour: 11.11.2014 ^ haut