Selection procedure (660,-666)
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Keywords: Selection procedure
Total judgments found: 113
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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;
Judgment 3188
114th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.
Judgment keywords
Keywords:
complaint allowed; downgrading; selection procedure; transfer;
Judgment 3186
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select her to several positions for which she had applied.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3185, 3187
Keywords:
appointment; competition; complaint dismissed; selection procedure; status of complainant;
Judgment 3182
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision not to appoint her to a position for which she applied, although she ranked first in the technical evaluation.
Judgment keywords
Keywords:
appointment; complaint allowed; flaw; mistaken conclusion; recommendation; selection procedure;
Judgment 3177
114th Session, 2013
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to refuse to promote him to grade P-5.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3176
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the appointment by direct selection of a staff member.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3175
Keywords:
appointment; complaint allowed; selection procedure;
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.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3136
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
cause of action; complaint dismissed; selection procedure;
Judgment 3130
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
appointment; complaint allowed; decision quashed; selection procedure;
Judgment 3129
113th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; loss of opportunity; selection procedure;
Judgment 3110
113th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
[A]s pointed out in Judgment 3032 in relation to the same provisions on which the complainant relies, “when an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law”.
Reference(s)
ILOAT Judgment(s): 3032
Keywords:
appointment; competition; organisation's duties; selection procedure;
Judgment 3103
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; selection procedure;
Judgment 3101
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3087
112th Session, 2012
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; extension of contract; fixed-term; selection procedure;
Judgment 3077
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
competition; complaint dismissed; discretion; selection procedure;
Consideration 4
Extract:
The complainant takes the Board to task for having violated the adversarial principle by not giving him access to the competition file, or by not even being prepared to discuss whether the file was so confidential that all or part of it had to be kept secret.
The Board’s procedure is governed by Annex IV to the Staff Regulations, paragraph 20 of which provides that “[a]ll proceedings of the Board are confidential” and that “[a]ny breach of confidentiality shall be considered serious misconduct”. In [...] Judgment 3032 the Tribunal held that the Board’s in camera consultation of a competition file did not constitute a procedural flaw warranting the quashing of the impugned decision. A candidate in a competition is not in fact entitled to consult the records of the Selection Board’s deliberations or to know the identity of the other candidates who have been eliminated (see Judgments 556, under 4(b), and 2142, under 16 and 17). In the instant case it is necessary to abide by this rule of confidentiality, the purpose of which is to protect both the general interest, thereby ensuring the Organization’s proper functioning, and the candidates’ privacy. The complainant, who was able to obtain all the relevant information from the responsible chief and to express his opinion thereon, also had an opportunity to comment as he wished on the ILO’s substantive arguments during the internal appeal procedure.
It follows that this plea must [...] be dismissed.
Reference(s)
ILOAT Judgment(s): 556, 2142, 3032
Keywords:
disclosure of evidence; selection board; selection procedure;
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