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Appointment without competition (686,-666)

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Keywords: Appointment without competition
Total judgments found: 5

  • Judgment 4521


    134th Session, 2022
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the short-term appointment of a staff member.

    Judgment keywords

    Keywords:

    appointment without competition; complaint dismissed; selection procedure;



  • Judgment 4507


    134th Session, 2022
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew his fixed-term appointment.

    Consideration 6

    Extract:

    The complainant alleges that the non-extension decision was tainted by an error of fact since it was taken on the assumption that his employment was the result of a “direct political appointment” by the former Director-General whereas, in reality, he was selected for the position of Director, ICA, by means of a competitive process following the publication of the open vacancy for said position to all African delegations.
    The Tribunal finds, on the basis of the relevant evidence provided by the Organisation, that the appointment of the complainant in 2016 was a direct political appointment.
    Contrary to the complainant’s assertion, the selection process was not preceded by the publication of a vacancy notice open to any potential candidates. The process was initiated by a letter of 9 September 2015, addressed by the then OPCW Director-General to the Permanent Representative of the Republic of South Africa to the OPCW, in which the Director-General stated that:
    – the position of the Director, ICA, which was then occupied by a staff member from South Africa, would soon become vacant;
    – he intended to appoint a suitable candidate from the African region to this position;
    – he therefore requested the Permanent Representative of the Republic of South Africa to “inform [his] regional group to seek names of suitable candidates”;
    – “[t]he candidacies [could] be submitted directly to [him] with their CVs by 15 October 2015.
    Following interviews that [he would] conduct, [he would] appoint the new Director ICA”.
    The process, as described in this letter, was not a competitive process since there was no vacancy notice open to public competition, but only one which would enable the OPCW Director-General to select directly the suitable candidate.
    Moreover, this process did not comply with either Staff Regulation 4.3, which required that selection of staff be made on a competitive basis, or Administrative Directive AD/PER/29/Rev.3, in force at the material time, whose paragraph 7 required, even for appointments to posts at the D-2 level and above, that they be based on “recruitment and selection procedures”. The Tribunal’s case law holds that the consultation with “relevant delegation and regional groups” – as made in the instant case – did not satisfy paragraph 7 of the Directive (see Judgment 4069, consideration 6).
    In conclusion, the non-extension decision was not tainted by an error of fact.

    Reference(s)

    ILOAT Judgment(s): 4069

    Keywords:

    appointment without competition;



  • Judgment 4084


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to transfer her and the appointment of another staff member without a competitive recruitment process.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed; transfer;



  • Judgment 4069


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed;



  • Judgment 3993


    126th Session, 2018
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the direct appointment of Mr E. to the position of Legal Adviser.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed;


 
Last updated: 28.11.2022 ^ top