ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Competition (294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304,-666)

You searched for:
Keywords: Competition
Total judgments found: 154

1, 2, 3, 4, 5, 6, 7, 8 | next >

  • Judgment 4408


    132nd Session, 2021
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the lawfulness and outcome of a competition procedure in which she participated.

    Judgment keywords

    Keywords:

    competition; complaint dismissed; selection procedure;

    Consideration 2

    Extract:

    The Tribunalís case law has it that a staff appointment by an international organisation is a decision that lies within the discretion of its executive head. Such a decision is subject to only limited review and may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence (see, for example, Judgment 3537, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 3537

    Keywords:

    appointment; competition; discretion; judicial review;



  • Judgment 4368


    131st Session, 2021
    International Olive Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the cancellation of a competition procedure in which she participated.

    Consideration 4

    Extract:

    [T]he executive head of an international organisation may cancel a competition in the interests of the service with a view, in particular, to holding a new competition on different terms if need be (see, for example, Judgments 791, consideration 4, 1223, consideration 31, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, 3647, consideration 9, 3920, consideration 18, 4216, consideration 3, or 4283, consideration 2).
    However, such a decision can never be arbitrary. The Tribunal must therefore ascertain whether the condition relating to the interests of the organisation required under the case law in question is actually met and whether the cancellation of the initial process is based on a legitimate reason (see, in particular, Judgments 3647, consideration 9, and 3920, consideration 18, cited above).

    Reference(s)

    ILOAT Judgment(s): 791, 1223, 1771, 1982, 2075, 3647, 3920, 4216, 4383

    Keywords:

    competition; discretion;

    Considerations 10-11

    Extract:

    The Tribunal underlines [...] that the situation [...] resulting from the fact that different qualification requirements were specified in the provisions applicable to the competition, was not only liable to introduce a regrettable ambiguity into the determination of selection procedures for candidates Ė as the IOC appeared to consider Ė but was quite simply unlawful. Indeed, the Executive Director could not lawfully decide, while allowing the qualification requirements in the job description to remain in force, to specify different requirements in the competition notice, since the statement in the memorandum of 1 December 2016 to the effect that the provisions set out in that notice would not be applied insofar as they were contrary to those specified in the job description was not capable of remedying their unlawfulness.
    Since the contested competition had been opened unlawfully, the requirement that administrative decisions be taken lawfully dictated that it be cancelled, as it would otherwise have led to an appointment to the post in question which would itself inevitably have been unlawful.
    This implies not only that the decision [...] was taken in the interest of the service and hence based on a legitimate reason, so that, pursuant to the [Tribunal's] case law [...], the Executive Director was entitled to adopt it, but also that, in this case, he was in fact bound to do so.

    Keywords:

    administrative decision; competition; lawfulness of a measure;

    Judgment keywords

    Keywords:

    competition; complaint allowed;



  • Judgment 4332


    131st Session, 2021
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of a selection procedure in which he participated and the resulting appointment.

    Judgment keywords

    Keywords:

    competition; complaint dismissed; selection procedure;



  • Judgment 4317


    130th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, in his capacity as a member of the Selection Board, challenges the decision not to allow a staff member holding a fixed-term contract to compete for a permanent post.

    Judgment keywords

    Keywords:

    cause of action; competition; complaint dismissed;



  • Judgment 4251


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of a selection procedure in which she participated and the appointment made at the end of that procedure.

    Judgment keywords

    Keywords:

    competition; complaint dismissed; selection procedure;



  • Judgment 4216


    129th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.

    Judgment keywords

    Keywords:

    competition; complaint allowed; decision quashed;

    Consideration 11

    Extract:

    At this stage in its findings, the Tribunal would normally remit the case to the Organisation for the Director General to take a new decision concerning the disputed competition procedure, this time basing his assessment on a consideration of the exact substance of the findings of the selection board.
    However, the response to the Tribunalís request for further information shows that the complainant retired on 1 January 2019. Since the issue of his possible appointment to the post in question has become moot, it is not advisable to remit the case to Eurocontrol, but the Tribunal will award the complainant compensation for the various injuries caused to him by the contested decisions, as foreseen by Article VIII of the Statute of the Tribunal in cases of this type.

    Keywords:

    compensation; competition; competition cancelled;



  • Judgment 4100


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Judgment keywords

    Keywords:

    competition; complaint allowed; selection procedure;



  • Judgment 4098


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Judgment keywords

    Keywords:

    competition; complaint allowed; selection procedure;



  • Judgment 4070


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select her for a position for which she had applied.

    Consideration 4

    Extract:

    The Tribunal holds that the complainantís admission that she did not meet the requirements for the subject post means that she has no cause of action to challenge the shortlisting of the selected candidate or his final selection to fill the contested post. The complaint is therefore unfounded and will be dismissed.

    Keywords:

    cause of action; competition; selection procedure;

    Judgment keywords

    Keywords:

    appointment; competition; complaint dismissed; selection procedure;



  • Judgment 4061


    127th Session, 2019
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to cancel the appointment of an external candidate following a recruitment procedure and not to organise a new procedure open to internal candidates only.

    Consideration 5

    Extract:

    The Tribunal has consistently held that a staff memberís right to challenge the appointment of another staff member to a particular post is not contingent on whether she or he had a relatively good chance of being the successful candidate (see Judgment 2832, under 8, and the cited cases). However, the same case law also establishes that the individual concerned must be eligible to occupy the post, otherwise it could not be said that the individual was legally affected by the disputed appointment. As the complainant was not eligible to apply for appointment to the post at the relevant time, his complaint does not disclose a cause of action and must be dismissed.

    Reference(s)

    ILOAT Judgment(s): 2832

    Keywords:

    appointment; competition; no cause of action;

    Judgment keywords

    Keywords:

    competition; complaint dismissed; selection procedure;



  • Judgment 4023


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition procedure in which he participated and the lawfulness of the ensuing appointment.

    Judgment keywords

    Keywords:

    appointment; competition; complaint dismissed; selection procedure;



  • Judgment 4008


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.

    Judgment keywords

    Keywords:

    abolition of post; competition; complaint allowed; decision quashed; fixed-term; non-renewal of contract;



  • Judgment 3920


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.

    Consideration 18

    Extract:

    The Tribunal observed in Judgment 3647, consideration 9, that: ď[t]he Tribunalís case law recognises that the executive head of an international organisation may cancel a competition in the interest of the organisation if, among other reasons, it becomes apparent that the competition will not enable the post concerned to be filled, and that she or he may, if need be, decide to hold a new competition on different terms (see, for example, Judgments 1223, under 31, 1771, under 4(e), 1982, under 5(a), and 2075, under 3). However, the condition relating to the interests of the organisation must actually be met, so that the cancellation of the initial process is based on a legitimate reason. In this matter as in any other, arbitrary decision-making is unacceptable.Ē
    [...] In most of the rules of the international organizations which have accepted the Tribunalís jurisdiction, competitions are a fundamental mechanism of the selection of international civil servants for positions within international organizations and their integrity must be protected. However, in the present case, the complainant had not been shortlisted because she did not have the requisite years of experience. Thus, she suffered no detriment as a result of the cancellation of the competition.

    Reference(s)

    ILOAT Judgment(s): 1223, 1771, 1982, 2075, 3647

    Keywords:

    competition; competition cancelled; organisation's interest;



  • Judgment 3648


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition process in which she participated and the lawfulness of the ensuing appointment.

    Judgment keywords

    Keywords:

    competition; complaint allowed; decision quashed;

    Consideration 9

    Extract:

    As the Tribunal has already stated [...] (see Judgment 564, under 5 and 6), in the event that the applicable regulations change in the course of a competition, the rules governing the membership of the body responsible for selecting candidates that were in force at the time when the competition was advertised continue to apply. This is the case unless there are express provisions to the contrary (see Judgment 2051, under 5 to 8).
    In support of her argument, the complainant seeks to rely on the well-established case law under which any administrative decision should in principle be based on the provisions in force at the time it is adopted (see, in particular, Judgments 2459, under 9, and 2985, under 15). She infers from this that the decisions taken at the end of the disputed competition, including with regard to the arrangements for the prior consultation of the selection body, should have complied with the provisions in force at the time when they were taken.
    However, the same case law makes plain that it is appropriate to depart from this rule where, for example, applying it would breach the principle of good faith. The replacement of the Appointment and Promotion Board that had been set up initially with another selection body with a different membership would have infringed this principle, as it would have undermined the candidatesí legitimate expectation that the competition would take place in the conditions stipulated at its opening.

    Reference(s)

    ILOAT Judgment(s): 564, 2051, 2459, 2985

    Keywords:

    competition;



  • Judgment 3647


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition process in which he participated and the lawfulness of the ensuing appointment.

    Judgment keywords

    Keywords:

    competition; complaint allowed; decision quashed;

    Consideration 9

    Extract:

    The Tribunalís case law recognises that the executive head of an international organisation may cancel a competition in the interest of the organisation if, among other reasons, it becomes apparent that the competition will not enable the post concerned to be filled, and that she or he may, if need be, decide to hold a new competition on different terms (see, for example, Judgments 1223, under 31, 1771, under 4 (e), 1982, under 5 (a), and 2075, under 3).
    However, the condition relating to the interests of the organisation must actually be met, so that the cancellation of the initial process is based on a legitimate reason. In this matter as in any other, arbitrary decision-making is unacceptable.

    Reference(s)

    ILOAT Judgment(s): 1223, 1771, 1982, 2075

    Keywords:

    competition;



  • Judgment 3619


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the rejection of her internal appeal against the decisions not to convert her fixed-term contract into a permanent contract and not to select her for a vacant permanent post.

    Judgment keywords

    Keywords:

    competition; complaint allowed; conversion of contract; decision quashed; fixed-term; permanent appointment;



  • Judgment 3590


    121st Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the validity of the competition procedure in which she participated and the lawfulness of the appointment announced at its end.

    Judgment keywords

    Keywords:

    appointment; competition; complaint allowed; decision quashed; selection procedure;



  • Judgment 3542


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the Tribunal cannot hear complaints relating to recruitment procedures for external candidates, the complaint is dismissed.

    Judgment keywords

    Keywords:

    appointment; candidate; competition; complaint dismissed;



  • Judgment 3537


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a competition procedure and alleges harassment.

    Judgment keywords

    Keywords:

    competition; complaint allowed; harassment; joinder;



  • Judgment 3536


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the final selection decision taken by the President of the Office on a competition.

    Judgment keywords

    Keywords:

    appointment; candidate; competition; complaint dismissed;

1, 2, 3, 4, 5, 6, 7, 8 | next >


 
Last updated: 15.09.2021 ^ top