Judgment No. 3372
Decision
The complaint is dismissed.
Summary
The Tribunal dismissed the complaint seeking the cancellation of a competition and the appointment resulting from it.
Judgment keywords
Keywords
competition; complaint dismissed
Consideration 12
Extract:
"According to the case law of the Tribunal, the selection of a successful applicant in a competition is a discretionary decision of the executive head of the organisation (see Judgment 2584, under 15). Such a decision is subject to only limited review. The Tribunal will interfere with such a decision only if it was taken without authority, or in breach of a rule of form or of procedure, or if it rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions have been drawn from the evidence. Moreover, the Tribunal will exercise its power of review with special caution in such cases, and will not replace the organisation’s assessment of the candidates with its own. (See, for example, Judgments 2362, 2365 and 2392, under 10.)"
Reference(s)
ILOAT Judgment(s): 2362, 2365, 2392, 2584
Keywords
competition; candidate; judicial review; discretion
Consideration 19
Extract:
"According to the case law of the Tribunal, an international organisation must observe the essential rule in every selection procedure, which is that the person appointed must possess the minimum qualifications specified in the vacancy notice."
Keywords
competition; qualifications
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