Judgment No. 3449
1. The impugned decision is set aside and the two disputed competitions are cancelled.
2. All other claims are dismissed.
3. The persons appointed to the posts advertised must be shielded from any injury.
The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.
complaint allowed; joinder; decision quashed; competition; vacancy notice; staff representative; flaw; cause of action of staff representative; selection procedure
"Any employee of an international organisation who is eligible for a post may challenge an appointment to that post, regardless of his or her chances of successful appointment to it (see Judgment 2959, under 3). In order to be entitled to take such action, however, he or she must have applied for the post or, failing that, must have been prevented from doing so through no fault of his or her own."
ILOAT Judgment(s): 2959
"[T]he complainant also acted in his capacity as Chairperson of the Staff Union Committee of the Office. According to the case law, members of a staff committee may bring a complaint to preserve common rights and interests, these being understood to mean enforceable legal rights and interests derived from terms of appointment or under Staff Regulations which have not necessarily been breached in respect of the member of the staff committee who files a complaint with the Tribunal.
In order for a complaint submitted on behalf of a staff committee to be receivable, it must allege a breach of guarantees which an organisation is legally bound to provide to staff who are connected to it by an employment contract or who have the status of officials. This condition is a sine qua non for the Tribunal’s jurisdiction (see Judgment 3342, under 10, and the case law cited therein)."
ILOAT Judgment(s): 3342
locus standi; competence of tribunal; contract; staff representative
"The Tribunal considers that the complainant does have cause for action, since he relies on a breach of the right, recognised in the Staff Regulations, of representatives of the Staff Union to be notified of a proposal to open a competition. [...]
Moreover, the Organization is wrong to submit that the complaint concerning the appointment to the grade P.3 post has become moot because that post has been abolished, since the appointment in question produced effects."
cause of action; no cause of action
"By adopting a procedure that could mislead potential applicants as to the nature of recruitment to the posts in question, the ILO rendered these recruitments unlawful."
competition; flaw; selection procedure
"The complainant seeks redress for the injury he has suffered without, however, explaining the nature of that injury. Since [...] his personal interests are not at stake in these cases, this claim will be dismissed."
moral injury; staff representative