L'OIT est une institution spécialisée des Nations-Unies
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > avis

Judgment No. 2363


The complaint is dismissed.

Consideration 9


The complainant's application for a post was unsuccessful. "While the complainant is undoubtedly technically qualified for the coveted post, and was found to be so in the two competitions in which she was unsuccessful, she was also, in both cases, found by two separate Selection Committees not to be the most qualified. Although the complainant clearly has a high view of her own merits, the fact that that view is not universally shared by others, whose honesty and good faith the complainant has not been successful in impugning, does not mean that the complainant has been unfairly treated or that she has been denied a promotion which should rightfully have been hers."


competence; lack of evidence; equal treatment; good faith; breach; promotion; competition; candidate; selection board; post; qualifications; advisory opinion; difference; refusal; right

Consideration 8


The complainant alleges that the appointment by reassignment to fill the vacancy was an abuse of power. She bears the burden of proving this allegation. In her view, it was a mere pretext used, it would seem, primarily for the purpose of preventing her from being appointed. This is far-fetched in the extreme and would require the Tribunal to accept a conspiracy theory which would include a finding that the highest levels of the Administration had been part of a plot to prevent a specific appointment to a mid-level managerial position. The evidence simply does not support it.


misuse of authority; abuse of power

Dernière mise à jour: 08.12.2021 ^ haut