Judgment No. 3157
1. The impugned decision is set aside.
2. The selection process and resultant appointment are cancelled.
3. The candidate who was appointed shall be shielded from any injury.
4. The ILO shall pay the complainant moral damages in the amount of 3,000 Swiss francs.
5. It shall also pay him 750 francs in costs.
The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.
"[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."
grounds; lack of injury; equal treatment; good faith; organisation's duties; breach; appointment; competition; candidate; competition cancelled; internal competition; degree; procedural flaw; consequence; criteria
complaint allowed; decision quashed; selection procedure