Judgment No. 4772
Decision
1. The FAO shall pay the complainant 15,000 euros moral damages.
2. The FAO shall pay the complainant 8,000 euros costs.
3. All other claims are dismissed.
Summary
The complainant challenges the decision to appoint another candidate to the position of Director, Investment Centre Division following a competitive selection process.
Judgment keywords
Keywords
complaint allowed; appointment; competition; selection board; conflict of interest
Consideration 12
Extract:
[T]he fact that Mr G. participated with others in the selection process does not excuse his participation if there was a possibility, as plainly there was, particularly given his role as chair of the panel, for him influencing the decision-making of others. Additionally, the Director-General appears to have been suggesting that it was incumbent upon the complainant to “show prejudice, discrimination, lack of integrity or partiality on the part of [Mr G.]”. The conclusion of the Committee was based on the fact, as in the circumstances it could be, that a complaint of harassment against Mr G. had been lodged and was being processed and the [Organization] does not deny that Mr G. was aware of this. It was wrong of the Director-General to call in aid the fact that the [Office of the Inspector-General] had subsequently “found no credible case of harassment”. That is so for one and possibly two reasons. The outcome of the [Office of the Inspector-General]’s consideration of the grievance was not known at the time of Mr G.’s participation in the selection process. Thus, the assessment of a “reasonable person” that would not exclude partiality is to be based on known facts at the time, namely the time of the interviews. Moreover, the conclusion of the [Office of the Inspector-General] manifest in a Notice of Closure of 27 October 2017 was reached unlawfully as discussed in Judgment 4691.
Reference(s)
ILOAT Judgment(s): 4691
Keywords
selection board; conflict of interest
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