Judgment No. 1871
1. All the other claims having been dismissed, the FAO shall pay the complainant 100,000 United States dollars in compensation for the injury he suffered under all heads.
2. The FAO shall pay the complainant 8,000 Swiss francs in costs.
"The Tribunal observes that the Director-General gave paramount importance to the principle of geographic distribution, which resulted in him selecting the applicant who was second in the list recommended by the Selection Committee because that applicant was a national of an 'under-represented' country, while the complainant, who was in first place, was a national of an 'equitably represented' country. Analysis of the [Constitution, General Rules and Manual of the organization as well as] the facts of the case show that the Director-General was mistaken in his interpretation of these provisions. The Constitution [...] clearly states that the highest standards of efficiency and of technical competence' are of paramount importance in appointing staff. The Selection Committee is under the obligation to recommend for selection the candidate whose qualifications most closely meet the requirements of the post. Therefore the essential qualifications required are the priority criterion. Consideration of other criteria, including seniority of service and geographic distribution, which appear to be of a subsidiary nature, is only envisaged where several candidates are equally well qualified."
nationality; recommendation; staff regulations and rules; seniority; appointment; competition; candidate; geographical distribution; selection board; criteria