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Judgment No. 4147

Decision

The complaint is dismissed.

Summary

The complainant contests the decision not to retain his candidature for a post.

Judgment keywords

Keywords

selection procedure; complaint dismissed

Consideration 9

Extract:

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).

Reference(s)

ILOAT Judgment(s): 4023

Keywords

burden of proof; selection procedure

Consideration 10

Extract:

[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).

Reference(s)

ILOAT Judgment(s): 2092

Keywords

impugned decision; motivation

Consideration 13

Extract:

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.

Reference(s)

ILOAT Judgment(s): 3160, 3582, 3688, 3879

Keywords

moral injury; patere legem; delay in internal procedure



 
Last updated: 23.09.2021 ^ top