Judgment No. 4702
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to appoint Mr K. to a position for which the complainant did not apply.
Judgment keywords
Keywords
selection procedure; complaint dismissed
Consideration 3
Extract:
As found by the Tribunal in another case by the same complainant, “[t]he Tribunal has stated, in consideration 2 of Judgment 3449, that ‘[a]ny employee of an international organisation who is eligible for a post may challenge an appointment to that post, regardless of his or her chances of successful appointment to it (see Judgment 2959, under 3). In order to be entitled to take such action, however, he or she must have applied for the post or, failing that, must have been prevented from doing so through no fault of his or her own.’” (see Judgment 4520, consideration 6). As the complainant, who did not apply for the contested post, provides no evidence that he was prevented from doing so through no fault of his own, he lacks a cause of action. The complaint must therefore be dismissed.
Reference(s)
ILOAT Judgment(s): 2959, 3449, 4520
Keywords
cause of action; selection procedure
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