Judgment No. 3543
The complaint is dismissed.
As the complainant did not prove the abuse of power she alleges, the Tribunal dismissed the complaint.
misuse of authority; complaint dismissed; abuse of power
"[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."
ILOAT Judgment(s): 2648
"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)."
ILOAT Judgment(s): 2116
misuse of authority; abuse of power