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Selection procedure (660,-666)

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Keywords: Selection procedure
Total judgments found: 86

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  • Judgment 3644


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the procedural and substantive regularity of an appointment.

    Judgment keywords

    Keywords:

    appointment; complaint dismissed; joinder; selection procedure;



  • Judgment 3643


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the lawfulness of the procedure followed to appoint another person to a P4 position.

    Judgment keywords

    Keywords:

    appointment; complaint dismissed; joinder; selection procedure;



  • Judgment 3642


    122nd Session, 2016
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the lawfulness of the procedure followed to fill an Administrative Assistant position.

    Judgment keywords

    Keywords:

    appointment; complaint dismissed; joinder; selection procedure;



  • Judgment 3641


    122nd Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the lawfulness and the outcome of the competition procedure in which she participated.

    Judgment keywords

    Keywords:

    complaint dismissed; selection procedure;

    Consideration 4(a)

    Extract:

    According to the Tribunal’s case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal’s censure on two counts. Firstly, it violates the principle of tu patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body’s alteration, after the procedure has begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, a breach of which vitiates any appointment based on a competition. (See Judgment 3073, under 4, and the case law cited therein.)

    Reference(s)

    ILOAT Judgment(s): 3073

    Keywords:

    patere legem; selection procedure;

    Consideration 5

    Extract:

    The mere fact that one of the candidates in a competition fills the advertised post ad interim does not render the procedure unlawful, unless the particular circumstances surrounding the competition suggest that it was no more than a paper exercise (see Judgment 2978, under 6). This may be the case where the ad interim appointment is made before the opening of the competition, provided there is also some objective indication that permanent appointment was a foregone conclusion when the competition was opened.

    Reference(s)

    ILOAT Judgment(s): 2978

    Keywords:

    selection procedure;



  • Judgment 3601


    121st Session, 2016
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decisions not to promote him to a post of Inspection Team Leader and not to designate him as an Acting Team Leader.

    Consideration 7

    Extract:

    "In accordance with the principle tu patere legem quam ipse fecisti, when an international organisation decides to fill a post by competition it must comply with the material rules which it has itself established for such appointments (see, for example, Judgments 2163, under 3, or 3032, under 22)."

    Reference(s)

    ILOAT Judgment(s): 2163, 3032

    Keywords:

    patere legem; selection procedure;

    Consideration 18

    Extract:

    "Contrary to the Organisation’s submissions, the failure to comply with the various requirements of the applicable text, adherence to which constitutes a safeguard for candidates, was obviously liable to have a real impact on the outcome of the disputed selection procedure."

    Keywords:

    selection procedure;

    Consideration 20

    Extract:

    "It is well settled by the Tribunal’s case law that it is incumbent upon an international organisation to prove that a procedure which it has put in place has been duly followed, if the implementation thereof is disputed (see, for example, Judgments 2096, under 9, or 2792, under 7). Moreover, this approach is particularly appropriate in the instant case where the facts needed to prove this matter lie peculiarly in the knowledge of the Organisation."

    Reference(s)

    ILOAT Judgment(s): 2096, 2792

    Keywords:

    bias; burden of proof; patere legem; personal prejudice; selection procedure;

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; selection procedure;



  • Judgment 3595


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges both the decision to separate him from service and his non-selection for a post.

    Judgment keywords

    Keywords:

    complaint allowed; selection procedure; termination of employment;



  • 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 3587


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to initiate a new selection procedure after the decisions not to select her for a vacant post and to appoint another candidate were set aside due to a flawed selection procedure.

    Judgment keywords

    Keywords:

    complaint allowed; loss of opportunity; procedural flaw; selection procedure;



  • Judgment 3584


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.

    Judgment keywords

    Keywords:

    complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;



  • Judgment 3557


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complaint is clearly irreceivable, it is summarily dismissed.

    Consideration 4

    Extract:

    "[T]o the extent that the complainant appears to be seeking to defend the general interest of the staff in having that particular vacancy filled by a lawful procedure, not only does he not have standing to do so either individually or as a member of a group, he also has a conflict of interest. Indeed, given that he participated in the selection process, he could not have been – even theoretically – a candidate for that vacancy. His claim is therefore clearly irreceivable as he lacks locus standi to bring it."

    Keywords:

    locus standi; selection procedure;



  • Judgment 3543


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not prove the abuse of power she alleges, the Tribunal dismissed the complaint.

    Consideration 8

    Extract:

    "[T]he Tribunal has already stated in Judgment 2648, under 8, that even if the guidelines provided for by the Collective Agreement are not adopted, their absence cannot prevent the Administration from carrying out the objective technical evaluations incumbent upon the authority responsible for selecting candidates in a competition."

    Reference(s)

    ILOAT Judgment(s): 2648

    Keywords:

    selection procedure;



  • 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.

    Consideration 10

    Extract:

    The Tribunal cannot substitute its evaluation for that of the EPO and will only interfere with a selection decision if that decision was taken without authority; if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts; if it was taken in breach of a rule of form or of procedure; or if there was an abuse of authority (see Judgments 2060, under 4, and 2457, under 6).

    Reference(s)

    ILOAT Judgment(s): 2060, 2457

    Keywords:

    appointment; competition; discretion; judicial review; selection procedure;



  • Judgment 3494


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her candidature for a position in Eurocontrol.

    Consideration 9

    Extract:

    "[A]s the Tribunal has consistently held, anyone who applies for a post to be filled by some process of selection is entitled to have her or 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 her or his hopes of success may be (see Judgments 1549, under 9, 2163, under 1, or 3209, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1549, 2163, 3209

    Keywords:

    no cause of action; selection procedure;

    Consideration 19

    Extract:

    "The Tribunal will not award the complainant the compensation she claims for loss of opportunity because, under the provisions of the Staff Regulations in force, Eurocontrol officials may not in principle be promoted to a higher grade bracket except through a competition (see Judgment 3404, under 8)."

    Reference(s)

    ILOAT Judgment(s): 3404

    Keywords:

    loss of opportunity; selection procedure;



  • Judgment 3449


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.

    Judgment keywords

    Keywords:

    cause of action of staff representative; competition; complaint allowed; decision quashed; flaw; joinder; selection procedure; staff representative; vacancy notice;

    Consideration 9

    Extract:

    "By adopting a procedure that could mislead potential applicants as to the nature of recruitment to the posts in question, the ILO rendered these recruitments unlawful."

    Keywords:

    competition; flaw; selection procedure;



  • Judgment 3380


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his non-selection for a post following a competition and alleges perpetual administrative bias towards him.

    Judgment keywords

    Keywords:

    complaint allowed; selection procedure;



  • Judgment 3272


    116th Session, 2014
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision not to appoint her to a vacant post due to procedural flaw and violation of her right to due process.

    Consideration 15

    Extract:

    "The Tribunal has consistently affirmed the confidentiality of the records of the discussions regarding the merits of the applicants for a post. However, this does not extend to the reports regarding the results of the selection process with appropriate redactions to ensure the confidentiality of third parties."

    Keywords:

    adversarial proceedings; confidential evidence; disclosure of evidence; due process; duty to inform; organisation's duties; procedural flaw; right to be heard; selection board; selection procedure;



  • Judgment 3219


    115th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges his non-selection for a post, alleging that the selection process was flawed and unfair.

    Judgment keywords

    Keywords:

    competition; complaint allowed; decision quashed; equal treatment; flaw; selection procedure;



  • Judgment 3209


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.

    Consideration 11

    Extract:

    According to the Tribunal’s case law, an appointment by an international organisation is a decision that lies within the discretion of its executive head. 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. 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, inter alia, Judgment 2163, under 1, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 2163

    Keywords:

    appointment; competition; discretion; judicial review; selection procedure;

    Judgment keywords

    Keywords:

    complaint allowed; disclosure of evidence; selection procedure;



  • Judgment 3206


    115th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint, which aims at the cancellation of a contested appointment, is allowed.

    Consideration 16

    Extract:

    The complainant challenges the decision to appoint a colleague to a grade D-2 position through a direct recruitment procedure. The Tribunal finds that there was no valid reason to apply such a procedure. “The Director General was therefore right to conclude […] that [the] appointment […] was unlawful. However, he was mistaken in believing that this did not oblige him to withdraw that appointment. Since this unlawful decision was the subject of an internal appeal validly filed by another staff member who had cause of action, the Director General had no option but to withdraw it. [T]he fact that [the colleague in question] had left the Organization’s service in the meantime did not alter that duty […].”

    Keywords:

    appointment; cause of action; competition; flaw; internal appeal; selection procedure;



  • Judgment 3191


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; selection procedure;

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Last updated: 14.10.2021 ^ top