Judgment No. 4301
The complaint is dismissed.
The complainant challenges the decisions to withdraw a vacancy notice and re-advertise it, and the ad interim appointment of a colleague in the meantime.
competition cancelled; complaint dismissed
A decision concerning the advertising of a position, such as the two decisions presently contested by the complainant, is discretionary and may only be set aside if it was taken in breach of a rule of form or procedure; or if it was based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6).
ILOAT Judgment(s): 2850, 2861, 3299
vacancy notice; discretion
[T]he contested changes were intended to satisfy the need to strengthen the core human potential and expertise of the NE Department concentrating more on nuclear energy specialists whose positions require special areas of knowledge. The modification of the university specialization was consistent with the pursued objective. It is not within the Tribunal’s competence to review the organizational programmatic choices of the Agency.
competence of tribunal; vacancy notice; organisation's interest