Judgment No. 2835
Decision
The complaint is dismissed.
Consideration 5
Extract:
"It is well established that an organisation has a wide discretion in relation to the appointment and promotion of staff. For this reason, these decisions are subject to limited review. That is, the Tribunal will only interfere if the decision was taken without authority; if it was based on an error of law or fact, some 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
breach; promotion; judicial review; discretion; limits
Considerations 6-7
Extract:
"The complainant takes issue with the composition of the Selection Board. [...] He relies on Judgment 1549, under 12, where the Tribunal stated that «[...] after the process of selection has begun the terms of competition may not be changed [...]»."
"The Tribunal rejects this argument. First, the complainant's reliance on Judgment 1549 is misplaced. While the cited passage does refer to a selection decision, the composition of the Selection Board is not one of the «terms of competition»."
Reference(s)
ILOAT Judgment(s): 1549
Keywords
due process; competition; selection board; composition of the internal appeals body
Consideration 14
Extract:
"[T]here is nothing inherently wrong with the promotion of a candidate having less seniority where specific skills are required for a position."
Keywords
equal treatment; promotion; seniority; candidate; qualifications; criteria
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