Judgment No. 4552
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision not to select him for the post of director of the Language Service.
Judgment keywords
Keywords
selection procedure; complaint dismissed
Consideration 2
Extract:
[T]he Tribunal recalls its case law under which an organisation has wide discretion in appointing or promoting staff. Such a decision is therefore subject to only limited review by the Tribunal, which will interfere only if the decision was taken without authority, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, if a rule of form or procedure was breached or if there was abuse of authority (see, in particular, Judgments 2060, consideration 4, 2457, consideration 6, 2834, consideration 7, and 4019, consideration 2).
Reference(s)
ILOAT Judgment(s): 2060, 2457, 2834, 4019
Keywords
appointment; discretion; selection procedure; role of the tribunal
Consideration 3
Extract:
The Tribunal considers [...] that the fact that a candidate has already been shortlisted in a previous selection procedure for the same post does not of itself imply that the candidate should necessarily be shortlisted in a subsequent selection procedure for the same post. The candidate’s career progression between the two selection procedures, the organisation’s evolving needs and changes in its approach to selecting management staff, and the fact that the candidates applying are not necessarily the same, are all factors that, taken individually or considered in combination, might explain why a candidate who was shortlisted in the first procedure is not in a subsequent one.
Keywords
selection procedure
Consideration 3
Extract:
[T]he complainant’s assertion that it is incomprehensible why an application from an external candidate was shortlisted whereas an application from an internal candidate is obviously stronger and ought therefore to have received the EPO’s special consideration, is based on circular reasoning, not on any tangible evidence submitted by the complainant.
Keywords
internal candidate; selection procedure; external candidate
Consideration 9
Extract:
[T]he Tribunal considers that, when an initial selection procedure is unsuccessful owing to a lack of suitable applications, it is for the competent authority to decide if a new selection procedure must be initiated and, if so, which of the procedures provided for in the applicable rules is to be used (see, to this effect, Judgments 1223, consideration 31, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, and 3647, consideration 9).
Reference(s)
ILOAT Judgment(s): 1223, 1771, 1982, 2075, 3647
Keywords
vacancy notice; criteria; selection procedure
Consideration 9
Extract:
The Tribunal points out that, under its case law, misuse of authority may not be presumed and the burden of proof is on the party that pleads it (see, for example, Judgment 4283, consideration 9, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4283
Keywords
misuse of authority
|
