L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > prorogation du délai

Judgment No. 1549

Decision

1.The Agency shall pay the complainant 3,000 United States dollars in moral damages.
2.It shall pay him 10,000 French francs in costs.
3.His other claims are dismissed.

Consideration 6

Extract:

"An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

Keywords

complaint allowed; complaint allowed in part; receivability of the complaint; cause of action; case law; due process; organisation's duties; staff regulations and rules; vacancy; appointment; competition; candidate; internal candidate; vacancy notice

Consideration 8

Extract:

"Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."

Reference(s)

Jugement(s) TAOIT: 729

Keywords

receivability of the complaint; cause of action; due process; appointment; competition; candidate; internal candidate; post; retirement; flaw; procedural flaw; compensation; claim moot

Consideration 9

Extract:

"Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."

Keywords

complaint allowed; complaint allowed in part; general principle; due process; equal treatment; good faith; organisation's duties; vacancy; appointment; competition; candidate; internal candidate

Consideration 11

Extract:

"When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."

Keywords

complaint allowed; complaint allowed in part; case law; general principle; due process; international civil service principles; organisation's duties; staff regulations and rules; appointment; competition; post

Consideration 13

Extract:

"The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."

Reference(s)

Jugement(s) TAOIT: 107, 729, 1071, 1077, 1158, 1223, 1359

Keywords

complaint allowed; complaint allowed in part; case law; due process; equal treatment; organisation's duties; patere legem; staff regulations and rules; vacancy; appointment; competition

Consideration 13

Extract:

"Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."

Keywords

complaint allowed; complaint allowed in part; receivability of the complaint; time limit; delay; new time limit; due process; equal treatment; organisation's duties; vacancy; appointment; competition; candidate; internal candidate; vacancy notice



 
Dernière mise à jour: 16.08.2017 ^ haut