Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."
Keywords:
appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
Consideration 12
Extract:
"An international civil servant does derive a cause of action from an appointment by an organisation and it does not [...] depend on his being a serious contender for the post or caring deeply about it. All that is required is that he want the vacant post and, whatever his qualifications for it or his prospects of success may be, the Tribunal will acknowledge the cause of action by enforcing any rights the organisation may have infringed."
Keywords:
appointment; candidate; cause of action; competition; decision; judicial review;
Judgment 1268
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgments 107, consideration 1, and 1071, consideration 3.
Reference(s)
ILOAT Judgment(s): 107, 1071
Keywords:
bias; candidate; case law; competition; equal treatment; internal candidate;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant took part in a competition as an internal candidate and his name was first on the short list drawn up by the Appointment and Promotion Committee. He is challenging the Director-General's decision to appoint an external candidate to the post he applied for. The decision rested on considerations of geographical distribution and UPU Staff Regulation 4.1. The Union pleads that when three posts as head of section fall vacant at the same time at least one successful candidate must be an outside one so as not to impede "the recruitment of fresh talent" that Regulation 4.3 requires. "But that is not at all what 4.3 says. equitable geographical distribution is a criterion that plainly is to apply only to recruitment, not to promotion, and there is no requirement in the Staff rRgulations or Rules that the Director-General recruit 'fresh talent' just because three posts as head of section have to be filled at the same time. The Director-General was obviously wrong in putting that construction on the rule."
Reference(s)
Organization rules reference: UPU STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; geographical distribution; internal candidate; interpretation; staff regulations and rules; written rule;
Consideration 3
Extract:
"Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."
Keywords:
appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; case law; cause of action; competition; complaint; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;
Consideration 30
Extract:
The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."
Keywords:
candidate; competition; criteria; equal treatment; open competition; organisation's duties;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
PAHO Staff Regulation 4.4 gives preference to inside candidates for promotion, all other things being equal. Two editors on temporary posts were appointed after the holding of a competition. The Tribunal holds that an organisation must avoid so giving inside candidates the impression of subterfuge.
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
Keywords:
appointment; candidate; competition; internal candidate; priority;
Consideration 10
Extract:
There was a further potential flaw in the process. Since the candidates had to write their names on the test papers, the person in charge of quantifying the results would, had she marked the papers, have been aware of their identity, and there would have been a risk that the examiner might, even involuntarily, be influenced by knowing the candidates. The process of evaluation must not only be fair, as provision 344 requires, but also be seen to be fair.
Keywords:
candidate; competition; flaw; impartiality; selection procedure;
Judgment 1071
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
PAHO Staff Regulation 4.4 gives preference when filling vacancies to existing staff members over outside candidates. The Regulation "does not give existing staff members absolute priority in promotion and the Tribunal does not make rulings on such matters as staff policy, which are within the prerogative of the Director. Yet, if there were a consistent practice of recruiting people under temporary appointments and later appointing them to permanent posts, in preference to inside applicants, on the strength of the experience they had thereby gained, it would offend against the purpose and spirit of Regulation 4.4." (Vide Judgment 1077.)
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 1077
Keywords:
candidate; competition; internal candidate; judicial review; priority; vacancy;
Consideration 3
Extract:
Both the complainant and one other candidate, Mr. X, were short-listed after a post they applied for was put up for competition. The Selection Committee interviewed Mr. X and he then got the appointment. Referring to precedent as stated in Judgment 107, the Tribunal held that "the Selection Committee did not put the complainant on an equal footing with Mr. [X]: it interviewed him but not her." The selection procedure was flawed and the complainant entitled to damages.
Reference(s)
ILOAT Judgment(s): 107
Keywords:
candidate; competition; equal treatment; procedural flaw;
Judgment 1004
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In accordance with Circular No. 380 (Series 6) of 3 March 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. The decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. The Tribunal holds that the decision was in keeping with Article 4.11 of the Staff Regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these Regulations, as becoming an official for the first time". The complaint is dismissed.
Reference(s)
Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987
Keywords:
appointment; candidate; competition; condition; consequence; early retirement; internal competition; refusal; retirement;
Judgment 958
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant alleges that the reason why he was not appointed to a P.5 post as principal reviser was that "the Director-General disliked him as a militant member of one of the two staff associations". On the evidence before the Tribunal, the plea fails.
Keywords:
bias; candidate; competition; staff union activity;
Consideration 17
Extract:
"Unless there is express derogation the rule is that the organisation need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."
Keywords:
appointment; candidate; duty to substantiate decision; injury; lack of injury; selection board;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."
Keywords:
amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;
Judgment 636
54th Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."
Keywords:
abuse of power; appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;
Judgment 619
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
None of the three candidates met all the requirements. The organization cancelled the competition and delayed making an appointment for the vacant position. The provision on which the complainant relies "is not supposed to require [the organization] to choose someone, even if he has the best qualifications, who is still not qualified for the job and it was no breach of [the material rule] not to appoint any of them."
Keywords:
candidate; competition; competition cancelled; discretion; qualifications;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The [Organisation] contends that the complainant has no cause of action. [It pleads] that the impugned decision does him no injury. It is clear, however, that in the circumstances the complainant has an interest, of a kind which the Tribunal will protect, in pleading any irregularity there may have been in the [...] candidacy" to the post of Director-General [the complainant was deprived of an opportunity to stand; if he had been able to stand, his chances of being elected would have been diminished with the candidacy in question].
Keywords:
candidate; cause of action; executive head; external candidate; injury;
Consideration 3
Extract:
The complainant pleads against the admissibility of the candidacy on the grounds that the age-limit was not observed. "This plea is not a matter of policy and it is one which the Tribunal will entertain in exercise of its power of review. For that reason it need not determine whether, being a so-called 'policy' decision, the actual choice of a candidate is a matter outside its competence."
Keywords:
age limit; candidate; competence of tribunal; executive head; judicial review;
Consideration 8
Extract:
The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."
Keywords:
candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant objects that having only one candidate take the written test was a ruse. "The fact that two of those invited to take the test decided not to do so does not mean that the third was unduly favoured."
Keywords:
bias; candidate; competition;
Consideration 3
Extract:
Endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the Tribunal. "In this instance the Tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the Selection Board and the Director-General full responsibility for their choice."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Consideration 8
Extract:
The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."
Keywords:
appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-7
Extract:
There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.
Keywords:
abuse of power; appointment; candidate; judicial review; misuse of authority; vacancy;
Judgment 527
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The newly-created post for which the complainant applied was abolished. It cannot be suggested that the decision to abolish the post was ultra vires or otherwise improper. It would follow that the complainant is not entitled to compensation for non-selection."
Keywords:
abolition of post; candidate; competition; competition cancelled; vacancy;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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)
ILOAT Judgment(s): 519, 520
Keywords:
appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;
Judgment 520
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal will not consider whether it is [...] open to the complainant to complain directly to the Tribunal of prejudice resulting from her staff activities. Assuming that it is open and assuming also that the complainant is right in her contention that the burden of proof is upon the organization to show that her non-selection was not due to her staff activities, that burden has been discharged. she was not selected because she was not qualified."
Keywords:
bias; candidate; competition; qualifications; staff union activity;
Judgment 519
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."
Keywords:
appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The question of the candidacy of a staff member for the office of director of the organization must be resolved by the Staff Regulations. "They might forbid staff members from standing as candidates or restrict their activities if they do stand. But, in the absence of an express regulation, a staff member is entitled to think that he is bound only by those standards of propriety to be observed by the candidates generally; otherwise the electoral processes would be unfair."
Keywords:
candidate; conduct; duty of discretion; election; enforcement; executive head; official; staff regulations and rules;
Consideration 15
Extract:
"While a candidate who is standing against an incumbent director must be free to criticise in moderate language his opponent's record, it may well be argued, as it is in this case, that his proclaimed opposition to the director who is re-elected may interfere with fruitful co-operation. So an assessment that was objective and unprejudiced might have arrived at the same conclusion as the director's [on the basis of which the complainant's contract was not renewed]." However the Tribunal held that decision to be biased.
Keywords:
candidate; contract; election; executive head; fixed-term; non-renewal of contract; working relations;
