Judgment No. 3543

• Organization: International Labour Organization (ILO)
• Date: 30.06.2015
• Original: French
• Judges: Rouiller, Ba, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

As the complainant did not prove the abuse of power she alleges, the Tribunal dismissed the complaint.

Judgment keywords

Keywords

misuse of authority; complaint dismissed; abuse of power

Consideration 8

Extract:

"[T]he Tribunal has already stated in Judgment 2648, under 8, that even if the guidelines provided for by the Collective Agreement are not adopted, their absence cannot prevent the Administration from carrying out the objective technical evaluations incumbent upon the authority responsible for selecting candidates in a competition."

Reference(s)

ILOAT Judgment(s): 2648

Keywords

selection procedure

Consideration 20

Extract:

"The Tribunal recalls that it has consistently held that misuse of authority cannot be presumed and that the burden of proof lies with the person who pleads it (see Judgment 2116, under 4)."

Reference(s)

ILOAT Judgment(s): 2116

Keywords

misuse of authority; abuse of power