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Judgment No. 3868

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to shortlist him for a position for which he had applied.

Judgment keywords

Keywords

selection procedure; complaint dismissed

Consideration 4

Extract:

The Tribunal considers it convenient to outline the relevant applicable legal framework at this juncture. The basic principle is that a decision concerning the selection of a successful applicant in a competition is a discretionary one and is subject to only limited review. It may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. Nevertheless, anyone who applies for a post to be filled by a selection process must have her or his application considered in good faith and in keeping with the basic rules of fair and open competition. An organisation must abide by its own rules on selection and, when the process proves to be flawed, the Tribunal can quash any resulting appointment, albeit on the understanding that the organisation must ensure that the successful candidate is shielded from any injury which may result from the cancellation of an appointment accepted in good faith (see Judgment 3652, under 7).

Reference(s)

ILOAT Judgment(s): 3652

Keywords

selection procedure

Consideration 6

Extract:

The following statement in Judgment 2313, under 5, provides context for discrimination or unequal treatment:
“The principle of equality requires that persons in like situations be treated alike and that persons in relevantly different situations be treated differently. In most cases involving allegations of unequal treatment, the critical question is whether there is a relevant difference warranting the different treatment involved. Even where there is a relevant difference, different treatment may breach the principle of equality if the different treatment is not appropriate and adapted to that difference.”

Keywords

equal treatment; discrimination; unequal treatment



 
Last updated: 26.11.2021 ^ top