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Rejected permanently (302,-666)

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Keywords: Rejected permanently
Total judgments found: 3

  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    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:

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



  • Judgment 1982


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(D)

    Extract:

    The complainant was an unsuccessful candidate for a post. The initial competition for the post was cancelled and the complainant argues that the subsequent competition and selection procedure were flawed. Therefore he asks that the decision appointing another candidate be set aside. "The Tribunal's case law has it that it is not necessary to take up the whole procedure when it is easy to determine the point at which it began to be flawed."

    Keywords:

    appointment; candidate; flaw; procedural flaw; rejected permanently; selection board;



  • Judgment 1789


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS

    Keywords:

    breach; candidate; competition; complaint allowed; criteria; discretion; equal treatment; flaw; grounds; procedure; rejected permanently; right; staff regulations and rules;


 
Last updated: 16.07.2019 ^ top