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Judgment No. 1272

Decision

1. THE SECRETARY-GENERAL'S DECISION TO APPOINT MR. SCOTT WAYNE AS DIRECTOR OF COMMUNICATIONS IS SET ASIDE.
2. THE ORGANIZATION SHALL RESUME THE PROCESS OF APPOINTMENT TO THAT POST.
3. THE WTO SHALL PAY EACH OF THE COMPLAINANTS 20,000 FRENCH FRANCS IN COSTS.

Consideration 1

Extract:

"Though not in like case as to the appointment, [the two complainants] have much the same arguments and the same claims. So their complaints are joined to form the subject of a single ruling."

Keywords

complaint; complaint allowed; joinder; identical claims; decision quashed

Consideration 9

Extract:

"The Tribunal is competent to rule on the effects that the recruitment of [Mr. X] may have on the complainants' rights under the Regulations because the organisation established a special relationship with him: see what the Tribunal said on the subject, albeit in another context, in Judgment 122 [...] - in the second paragraph."

Reference(s)

ILOAT Judgment(s): 122

Keywords

complaint allowed; competence of tribunal; decision quashed; case law; staff regulations and rules; contract

Consideration 12

Extract:

"An international civil servant does derive a cause of action from an appointment by an organisation and it does not [...] depend on his being a serious contender for the post or caring deeply about it. All that is required is that he want the vacant post and, whatever his qualifications for it or his prospects of success may be, the Tribunal will acknowledge the cause of action by enforcing any rights the organisation may have infringed."

Keywords

complaint allowed; decision; cause of action; decision quashed; appointment; competition; candidate; judicial review

Consideration 15

Extract:

If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."

Keywords

complaint allowed; external collaborator; decision quashed; due process; staff regulations and rules; creation of post; contract; appointment; supervisor

Consideration 16

Extract:

To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."

Keywords

complaint allowed; decision quashed; organisation's duties; duty to inform; vacancy; creation of post; appointment; candidate; vacancy notice; post



 
Last updated: 22.11.2017 ^ top