Judgment No. 2074

• Organization: International Telecommunication Union (ITU)
• Date: 12.07.2001
• Original: Français
• Judges: Gentot, Egli, Ba
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

"The burden of proving that a document was actually received by its addressee lies with the party which cites it in evidence."

Keywords

burden of proof; communication to third party

Consideration 11

Extract:

The complainant applied for a post but was not selected. "The complainant claims the right of preference which is accorded, when candidates are equally competent, to internal applicants [...] In view of its objective, which is to secure the best possible employees for an organisation, equality of competence applies to all the abilities required of an employee, both professional and personal. The Secretary-General did not overstep his discretionary authority by concluding that the overall aptitude of the candidates was not equal. The plea must therefore fail."

Keywords

no cause of action; competition; candidate; internal candidate; qualifications; discretion; executive head; organisation's interest; condition; purpose; refusal; right