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Judgment No. 1436



Consideration 6


"As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."


ILOAT Judgment(s): 1223


evidence; burden of proof; presumption of innocence; further submissions; case law; due process; competition; candidate; qualifications; judicial review; mistake of fact; misuse of authority; selection procedure; abuse of power

Consideration 7


"However regrettable it may be that there are too few women in senior posts at the ITU - and for that matter in most international organisations - the Tribunal is satisfied that the complainant was not discriminated against. There was no breach of the General Assembly Resolution of 23 December 1992 [on women's contributions to the work of international organisations]: the Secretary-General could not have used his authority to get her name put on the short list."


applicable law; equal treatment; sex discrimination; international civil service principles; general assembly resolution; promotion board; selection board

Last updated: 29.09.2021 ^ top