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Internal competition (299,-666)

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Keywords: Internal competition
Total judgments found: 5

  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.

    Considerations 9 and 11

    Extract:

    "[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

    Keywords:

    appointment; breach; candidate; competition; competition cancelled; complaint allowed; consequence; criteria; decision quashed; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw; rejected permanently;



  • 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; complaint allowed; complaint allowed in part; duty to inform; equal treatment; general principle; internal candidate; internal competition; vacancy notice; written rule;



  • Judgment 1314


    76th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.

    Keywords:

    absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;



  • Judgment 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;

    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 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."

    Keywords:

    appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;

    Considerations

    Extract:

    "[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."

    Keywords:

    appointment; competition; discretion; internal competition;

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;


 
Last updated: 02.07.2020 ^ top