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Judgment No. 521

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."

Reference(s)

Jugement(s) TAOIT: 519, 520

Keywords

vacancy; professional experience; appointment; competition; candidate; qualifications; degree; condition

Considerations

Extract:

The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."

Keywords

competence of tribunal; vacancy; appointment; competition; qualifications; degree; judicial review; condition



 
Dernière mise à jour: 03.04.2020 ^ haut