Judgment No. 3077
Decision
The complaint is dismissed.
Judgment keywords
Keywords
competition; discretion; selection procedure; complaint dismissed
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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