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 > concours interne

Judgment No. 3157

Decision

1. The impugned decision is set aside.
2. The selection process and resultant appointment are cancelled.
3. The candidate who was appointed shall be shielded from any injury.
4. The ILO shall pay the complainant moral damages in the amount of 3,000 Swiss francs.
5. It shall also pay him 750 francs in costs.

Summary

The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.

Considerations 9 and 11

Extract:

"[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

Keywords

complaint allowed; grounds; lack of injury; decision quashed; equal treatment; good faith; organisation's duties; breach; appointment; competition; candidate; competition cancelled; internal competition; rejected permanently; degree; procedural flaw; consequence; criteria



 
Dernière mise à jour: 29.10.2015 ^ haut