Judgment No. 4688

• Organization: World Health Organization (WHO)
• Date: 07.07.2023
• Original: English
• Judges: Moore, Rawlins, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to select her for a developmental assignment.

Judgment keywords

Keywords

selection procedure; complaint dismissed

Consideration 2

Extract:

The complainant requests oral proceedings. However, the briefs and the evidence submitted by the parties are sufficient to enable the Tribunal to reach an informed decision. The complainant’s application for oral proceedings is therefore rejected.

Keywords

oral proceedings

Consideration 10

Extract:

[R]eference should be made to the Tribunal’s case law according to which the party asserting abuse of authority and improper motive must prove it (see, for example, Judgments 4524, consideration 15, 4467, consideration 17, 4146, consideration 10, 3939, consideration 10, 2264, consideration 7(a), and 2163, consideration 11). Similarly, the party asserting the existence of a conspiracy must prove it. In Judgment 2472, consideration 9, the Tribunal said:
“With respect to the allegations of bias and conspiracy, the burden of proving this is on the complainant [...] ‘Mere suspicion and unsupported allegations are clearly not enough, the less so where [...] the actions of the Organization which are alleged to have been tainted by personal prejudice are shown to have a verifiable objective justification.’”

Reference(s)

ILOAT Judgment(s): 2163, 2264, 2472, 3939, 4146, 4467, 4524

Keywords

abuse of power