Judgment No. 648
THE COMPLAINT IS DISMISSED.
Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."
evidence; appointment; qualifications; offer; condition
The letter is clear and precise and leaves no doubt about the organization's intentions: 1] that the letter and appended form should not be treated as an offer, 2] that such an offer would be made only when various other matters had been settled, 3] that there would be confirmation of an offer, and 4] that the complainant should remain free to make up his mind and might still turn an offer down. The sole purpose of sending the 'terms of appointment' was to give particulars about the appointment. Only by deliberate distortion of the terms of the letter could its appendix be treated itself as an offer. In subscribing to the declaration, the complainant cannot but have been aware that he was signing no contract.
It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."
appointment; qualifications; fitness for international civil service; judicial review; discretion; condition