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Judgment No. 2712

Decision

1. The decisions of the Director General of WIPO of 19 May 2006 and 13 October 2006 confirming the decisions not to retain the complainant's candidature and appointing the new Director of the Economic Development Bureau for Arab Countries are set aside, as are these decisions themselves.
2. WIPO shall hold a new selection procedure in order to fill the post in question in a lawful manner.
3. The Organization shall shield the successful candidate from any injury which may result from the cancellation of her appointment.
4. The Organization shall pay the complainant one Swiss franc in symbolic compensation for the moral injury suffered.
5. It shall also pay him costs in the amount of 1,000 Swiss francs.
6. All other claims are dismissed.

Consideration 6

Extract:

The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."

Keywords

complaint allowed; complaint allowed in part; nationality; place of origin; organisation; organisation's duties; professional experience; appointment; competition; candidate; geographical distribution; vacancy notice; post; qualifications; criteria; increase; purpose; same

Consideration 8

Extract:

The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.

Keywords

complaint allowed; complaint allowed in part; decision quashed; professional experience; appointment; competition; candidate; competition cancelled; vacancy notice; post; flaw; criteria; refusal



 
Dernière mise à jour: 05.03.2009 ^ haut