Judgment No. 1177
1. THE TRIBUNAL ORDERS FURTHER SUBMISSIONS AS SET OUT IN CONSIDERATION 5.
2. THE UNION SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS.
"When the Director-General's decision is not based on the results of an examination marked by an independent body, he has a wide degree of discretion in making an appointment and granting promotion. Though he is not bound by any recommendation from an advisory body, his authority does not make referral to such a body pointless. A selection body relieves him of the burden of carrying out an assessment himself. It ensures that all applications for appointment or promotion, whatever their source, shall be examined impartially and on the merits. And its report enables the Tribunal to appraise the background to the impugned decision and determine whether it shows any flaw."
advisory body; recommendation; report; interlocutory order; further submissions; promotion; promotion board; appointment; competition; judicial review; discretion; impartiality
The defendant organisation has refused to produce certain documents pleading privilege. "An item that forms part of the decision may not be withheld from the Tribunal's scrutiny. [...] There shall therefore be further submissions to complete the case records, the Union being required to supply the [material documents]."
interlocutory order; confidential evidence; disclosure of evidence; further submissions; judicial review; refusal