Judgment No. 535

• Organization: Pan American Health Organization (PAHO)
• Date: 18.11.1982
• Original: French
• Judges: Grisel, Ducoux, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations 5-7

Extract:

There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.

Keywords

vacancy; appointment; candidate; judicial review; misuse of authority; abuse of power

Considerations 1 and 3

Extract:

A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".

Keywords

exception; organisation's duties; transfer; vacancy; competition; discretion; organisation's interest