Competition (294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304,-666)
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Keywords: Competition
Total judgments found: 163
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Judgment 2531
101st Session, 2006
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A question remains as to whether the complainant was given sufficient notice of the Organization's intention not to renew his contract. Precedent has it that staff on short-term contracts are entitled, before any decision is taken not to extend or renew their appointment, to 'reasonable notice', particularly so that they may exercise their right to appeal and take whatever action may be necessary. It is true that in this case the short-term Staff Rules do not require any notice, except in the event of termination (when notice is limited to seven days), which does not apply in this case. Account should be taken, however, of the fact that the complainant was employed uninterruptedly by the Organization for more than three years. He was officially notified of the non-renewal of his contract - which until then had been regularly renewed - only by a letter he received on 28 January 2004, that is three days prior to the expiry of his last appointment. The defendant Organization suggests that he was well aware that his contract would not be renewed since he had been informed of that fact first unofficially and then officially on 16 January 2004. It even goes so far as to argue that the announcement of the competition for the complainant's post in the vacancy notice of 27 October 2003 constituted the 'reasonable notice' required by the case law and that, from that date onwards, the complainant knew full well that if he was not selected he would not continue working for the [Organization].
The Tribunal considers that it was only through the non-renewal decision received on 28 January 2004 that the complainant was able to know for certain that he would be leaving the Organization and that he would not be offered any other employment, despite the fact that [...] he had performed many duties, starting in 1998. Thus the situation is not very different from that dealt with by the Tribunal in its Judgment 2104 [...] and it is worth noting that, in its attempt to reach a settlement, the Organization had offered to pay the complainant the equivalent of three months' salary, consisting of two months in lieu of reasonable notice and one month for moral injury. That proposal was reasonable and, in view of the long working relationship between the [Organization] and the complainant and the very brief time that elapsed between the notification of the non-renewal of the contract and the end of the complainant's appointment, the Tribunal will echo that proposal by ruling that the complainant shall be paid a sum equal to three months' salary and allowances."
Reference(s)
ILOAT Judgment(s): 2104
Keywords:
case law; competition; contract; decision; duty to inform; non-renewal of contract; notice; organisation's duties; right of appeal; seniority; separation from service; short-term; staff regulations and rules; vacancy notice;
Judgment 2520
100th Session, 2006
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
"It is well settled that candidates are entitled to equal treatment in a competition for an advertised post (see Judgment 1990). It is an important aspect of the principle of equality that all candidates be considered objectively. Necessarily, a person's candidacy should not be evaluated by a person whose impartiality is open to question on reasonable grounds. The rule applies not only to those making or participating in the actual decision but also to those who have an advisory role, for they may exert influence on the ultimate decision (see Judgment 179). [...] To say that a person should not participate in the selection of candidates for an advertised position if his or her impartiality is reasonably open to question is not to say that a person should not have had a professional relationship with, or even supervisory responsibility for, one or more of the candidates. However, if the relationship goes beyond the proper bounds of a professional or supervisory relationship, there may well be reasonable grounds to question the impartiality of the person concerned."
Reference(s)
ILOAT Judgment(s): 179, 1990
Keywords:
advisory body; bias; candidate; case law; competition; composition of the internal appeals body; equal treatment; impartiality; post; selection board; supervisor;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The decision to advertise the complainant's post [...] was in substance a decision to dismiss him from that post. No reason was ever provided for that decision [...] In the circumstances, it must be concluded that the decision resulted from the management review [conducted by the Chief of the Personnel and Social Protection Department]. In this regard, it is necessary only to observe that that review involved a denial of due process in that the complainant was not told precisely who had criticised his performance or conduct, nor was he told exactly what they had said. Moreover, he was not given an opportunity to question them or to rebut what was put against him. The decision to dismiss him from his post thus involved a serious breach of the requirements of due process."
Keywords:
adversarial proceedings; breach; competition; contract; decision; due process; duty to inform; duty to substantiate decision; non-renewal of contract; organisation's duties; post; post held by the complainant; right to reply; unsatisfactory service; vacancy notice;
Judgment 2457
99th Session, 2005
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."
Keywords:
candidate; claim; compensation; competition; complainant; composition of the internal appeals body; consequence; consultation; decision; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;
Judgment 2394
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.
Keywords:
acceptance; allowance; competition; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination of employment;
Judgment 2393
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The general principles also allow that a mistake as to a candidate’s qualifications or experience may constitute a mistake of fact or result in some material fact being overlooked. It is this consideration that is invoked by the complainant’s contentions that he had greater experience and skills than the successful candidate, and that the interview panel and the FAO were mistaken as to his management skills. However, and as held in Judgment 1827, the selection of candidates necessarily “requires a high degree of judgment” with which the Tribunal will interfere only if a serious defect is demonstrated. And as was also held in that judgment, a defect of that kind is not established merely by asserting that one is better qualified than the selected candidate.
Keywords:
appointment; competition; discretion; judicial review; mistake of fact; mistake of law; selection procedure;
Judgment 2392
98th Session, 2005
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was not selected for a post. She considers that she should have been given the preference because she was an internal candidate and by reason of her gender. "It is well settled that [such] preferences [...] must be given effect to where the choice has to be made between candidates who are evenly matched. On the other hand, they have no role to play where there is a significant and relevant difference between the candidates."
Keywords:
appointment; candidate; competition; difference; internal candidate; post; refusal; sex discrimination;
Consideration 13
Extract:
The complainant was not selected for a post. She contends that IFAD has not informed her of the reasons for rejecting her application. "[T]he evidence shows that, at best, the complainant was given only partial and incomplete oral reasons for the failure to give her preference, long after the internal appeal proceedings had been exhausted and the complaint to the Tribunal instituted. If reasons for a non-selection decision are to have any use at all they must be given in time for an unsuccessful candidate to decide what, if any, recourse should be sought. Here, they were not and the plea is well founded."
Keywords:
appointment; candidate; competition; complainant; delay; duty to inform; duty to substantiate decision; grounds; internal appeal; post; procedure before the tribunal; refusal; time limit;
Judgment 2363
97th Session, 2004
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
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."
Keywords:
advisory opinion; breach; candidate; competence; competition; difference; equal treatment; good faith; lack of evidence; post; promotion; qualifications; refusal; right; selection board;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant's candidacy to a vacant post was rejected. "She states that her immediate supervisor [had] received a minute from HRD, instructing her that in preparing her shortlist of candidates, priority should be given to internal candidates, then to those persons who had been working for the Office for an extended period on what are regarded as 'precarious' conditions, such as herself, and lastly to other external candidates. She contends that, contrary to the instructions in the minute, her supervisor reviewed all the candidates in order to prepare her shortlist, disregarding those priorities, thus rendering the selection decision null and void. [The Tribunal considers that] what is important, however, is that the recruitment procedure in the Staff Regulations and the terms of the vacancy notice were complied with. The priorities for shortlisting candidates were merely indicated in a minute from HRD."
Keywords:
appointment; breach; candidate; competition; information note; internal candidate; priority; procedure before the tribunal; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;
Judgment 2336
97th Session, 2004
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he publication of the internal invitation for candidature presuppose[s] that the procedure for selecting candidates [...] be conducted in compliance with the general principles recalled in the case law and with rules established prior to the invitation for candidature and known to the candidates, such rules being designed to guarantee objectivity and transparency in order to ensure that all candidates stand the same chances."
Keywords:
case law; competition; duty to inform; equal treatment; general principle; internal candidate; internal competition; vacancy notice; written rule;
Judgment 2325
97th Session, 2004
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."
Keywords:
administrative delay; candidate; competition; duty to inform; good faith; moral injury; reasonable time; time limit;
Judgment 2299
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is not for the Tribunal to appoint the complainant either to the post he applied for or to a specific grade, as he requests."
Keywords:
appointment; claim; competence of tribunal; competition; grade; iloat; post;
Consideration 7
Extract:
The complainant's application for the post of technically qualified member of a board of appeal was unsuccessful. "The complainant considers that he was discriminated against because the Selection Board did not grant him an interview. Obviously the Board decided that, in the light of the candidacies submitted, an interview would not be necessary because it considered that it made procedural sense not to call a candidate who, in its opinion, appeared to be unsuitable for the vacancy concerned, which does not preclude the possibility of comparing the merits of all the candidates in the event of a subsequent challenge."
Keywords:
bias; candidate; competition; evidence; post; procedure before the tribunal; selection board;
Judgment 2210
94th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Where a reserve recruitment list is resorted to, the vacant post is filled without applying the competition procedure provided for in the above-mentioned provisions. Staff members must be given the possibility of entering competitions on the basis of which reserve lists for filling 'similar' posts are to be established. That possibility is denied them if they do not know what is meant by 'similar' posts. [...] The broader the definition of 'similar', the greater the risk of such occurrences. The requirements of equal treatment, objectivity and transparency in appointment procedures place the [organisation] under an obligation to provide a clear and precise definition of the concept of a 'similar' post. [...] It is the responsibility of the [organisation] to specify, in notices of competition, the nature of the posts which can be considered to be 'similar' for the purposes of any subsequent use of a reserve list."
Keywords:
appointment; candidate; competition; definition; equal treatment; good faith; organisation's duties; right; vacancy; vacancy notice;
Consideration 4(c) and (d)
Extract:
The Agency considers that the complainant has no cause of action (to challenge the outcome of a competition) since she holds a post corresponding to her wishes and did not apply for a post which is, according to the organisation, very similar to the disputed post. The Tribunal states that: "all staff members are entitled to compete in accordance with the conditions laid down in the applicable provisions. Staff members are free to choose whether or not to apply for a competition, provided that they do not abuse this right."
Keywords:
appointment; candidate; cause of action; competition; post; receivability of the complaint; right;
Judgment 2163
93rd Session, 2002
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"An appointment by an international organisation is a discretionary decision. Being subject to only limited review, it 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. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the organisation full responsibility for its choice. [...] Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see Judgments 1077 [...], 1497 [...] and 1549 [...])."
Reference(s)
ILOAT Judgment(s): 1077, 1497, 1549
Keywords:
abuse of power; appointment; candidate; case law; competition; decision; decision-maker; discretion; disregard of essential fact; equal treatment; flaw; formal flaw; good faith; international civil service principles; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; procedural flaw; right;
Judgment 2157
93rd Session, 2002
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
"The Tribunal is competent, ratione personae, to hear the complaint since, under Article ii, paragraph 6, of its Statute. The Tribunal is open to former staff members. However, Article ii, paragraph 5, restricts the Tribunal's competence, ratione materiae, to complaints alleging non-observance of the terms of appointment of officials and of provisions of an organisation's staff regulations. [...] As a general rule, a former staff member who applies for a post in an organisation after separation from it may not rely on the rules that governed his contract of appointment and so does not have access to the Tribunal (see, among others, Judgments 1845 [...] and 1554 [...])" except in the case of "any contractual obligation the [organisation] may have had to help the complainant to find new employment [...]."
Reference(s)
ILOAT reference: ARTICLE II (5) OF THE STATUTE;
ARTICLE II (6) OF THE STATUTE
ILOAT Judgment(s): 1554, 1845
Keywords:
candidate; case law; competence of tribunal; competition; complaint; contract; organisation's duties; receivability of the complaint; staff regulations and rules;
Judgment 2142
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"In a selection for a post, the most worthy candidates are selected 'in', i.e. to become members of staff, whereas in a mutually agreed separation exercise these are the very people who are most likely to be selected 'out' i.e. not to be released, in accordance with the requirements of the service. The interest of the organisation, which is paramount in each case, requires that the best candidates be employed and promoted in the first instance, and that they be retained in the organisation's service in the second."
Keywords:
agreed termination; appointment; candidate; competition; organisation; organisation's interest; post; procedure before the tribunal; promotion; qualifications;
Judgment 2122
93rd Session, 2002
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant submitted her candidacy for a post of legal assistant. Her application was not taken into consideration because she did not fulfil the eligibility conditions set out in the notice of competition. She submits that there is a contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2 which sets out conditions for eligibility. The Tribunal finds "no contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2. [...] Contrary to what the complainant appears to suggest, the fact that Article 30(1) of the Staff Regulations says that the 'selection of candidates shall be based on qualifications' does not preclude the setting of eligibility conditions. [...] The eligibility conditions provided for in Rule No. 2 offend against no provision of the Staff Regulations. [...] The complainant did not meet all the conditions set in the notice of competition, and the Agency was therefore right to reject her application."
Reference(s)
Organization rules reference: ARTICLE 30 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE AGENCY
Keywords:
appointment; breach; candidate; competition; complainant; condition; criteria; degree; difference; enforcement; grounds; post; provision; refusal; staff regulations and rules; vacancy notice;
Judgment 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".
Keywords:
administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;
Judgment 2116
92nd Session, 2002
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."
Keywords:
appointment; assignment; candidate; competition; competition cancelled; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; staff member's interest; time limit; vacancy notice;
Judgment 2107
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."
Keywords:
acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;
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