Judgment No. 4147
The complaint is dismissed.
The complainant contests the decision not to retain his candidature for a post.
selection procedure; complaint dismissed
In keeping with the consistent case law of the Tribunal, the complainant bears the burden of demonstrating that there was a serious defect in the selection process which had an impact on the consideration of his candidature (see Judgment 4023, consideration 2).
ILOAT Judgment(s): 4023
burden of proof; selection procedure
[T]he Tribunal has consistently held that when the executive head of an organisation accepts and adopts the recommendations of an internal appeal body, she or he is under no obligation to give any further reasons in his or her decision than those given by the appeal body itself (see Judgment 2092, under 10).
ILOAT Judgment(s): 2092
impugned decision; motivation; motivation of final decision
The consistent case law of the Tribunal has it that the amount of compensation for unreasonable delay will ordinarily be influenced by the interrelated considerations of the length of the delay and the effect of the delay (see Judgments 3160, under 17, 3582, under 4, 3688, under 12, and 3879, under 5). In the present case, the complainant has not articulated what impact the delay has had on him. Accordingly, no award of moral damages will be made.
ILOAT Judgment(s): 3160, 3582, 3688, 3879
moral injury; patere legem; delay in internal procedure