Appointment (293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686,-666)
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Keywords: Appointment
Total judgments found: 204
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Judgment 4070
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select her for a position for which she had applied.
Judgment keywords
Keywords:
appointment; competition; complaint dismissed; selection procedure;
Judgment 4061
127th Session, 2019
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to cancel the appointment of an external candidate following a recruitment procedure and not to organise a new procedure open to internal candidates only.
Consideration 5
Extract:
The Tribunal has consistently held that a staff member’s right to challenge the appointment of another staff member to a particular post is not contingent on whether she or he had a relatively good chance of being the successful candidate (see Judgment 2832, under 8, and the cited cases). However, the same case law also establishes that the individual concerned must be eligible to occupy the post, otherwise it could not be said that the individual was legally affected by the disputed appointment. As the complainant was not eligible to apply for appointment to the post at the relevant time, his complaint does not disclose a cause of action and must be dismissed.
Reference(s)
ILOAT Judgment(s): 2832
Keywords:
appointment; competition; no cause of action;
Judgment 4023
126th Session, 2018
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition procedure in which he participated and the lawfulness of the ensuing appointment.
Judgment keywords
Keywords:
appointment; competition; complaint dismissed; selection procedure;
Consideration 2
Extract:
The Tribunal has stated the basic principles which guide it, where a decision such as this is challenged, [...] in Judgment 3652, consideration 7. [...]
A complainant is required to demonstrate that there was a serious defect in the selection process which impacted on the consideration and assessment of her or his candidature. It is not enough simply to assert that one is better qualified than the selected candidate (see Judgment 3669, consideration 4).
However, when an organization conducts a competition to fill a post, the process must accord with the relevant rules and the case law (see Judgment 1549, considerations 11 and 13, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1549, 3652, 3669
Keywords:
appointment; competition; discretion; judicial review; selection procedure;
Judgment 4001
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.
Judgment keywords
Keywords:
appointment; case sent back to organisation; complaint allowed; decision quashed; selection procedure;
Judgment 3938
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.
Judgment keywords
Keywords:
appointment; competence of tribunal; complaint dismissed; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;
Judgment 3701
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the calculation of his reckonable previous experience upon recruitment.
Judgment keywords
Keywords:
appointment; complaint allowed; decision quashed; professional experience;
Judgment 3669
122nd Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for a post of Director.
Consideration 4
Extract:
It is convenient, at the outset, to describe the general legal framework in which the complaint is to be considered. Firstly and fundamentally, the Tribunal accepts that the appointment by an international organisation of a candidate to a position is a decision that lies within the discretion of its executive head. It is subject only to limited review and may be set aside only if it was taken without authority or in breach of rule of form or procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. This formulation is found in many judgments of the Tribunal including, for example, Judgment 3209, consideration 11, and is intended to highlight the need for a complainant to establish some fundamental defect in the selection process. Those defects can include the appointment of a candidate who did not meet one of the conditions stipulated in the vacancy announcement (see, for example, Judgment 2712, consideration 8). However, as the Tribunal observed in Judgment 1827, consideration 6: “The selection of candidates for promotion is necessarily based on merit and requires a high degree of judgment on the part of those involved in the selection process. Those who would have the Tribunal interfere must demonstrate a serious defect in it; it is not enough simply to assert that one is better qualified than the selected candidate.”
Reference(s)
ILOAT Judgment(s): 1827, 2712, 3209
Keywords:
appointment; competition; discretion; judicial review; selection procedure;
Judgment 3652
122nd Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns two appointment decisions by the Director-General.
Consideration 7
Extract:
The Tribunal’s case law has it that a staff appointment by an international organisation is a decision that lies within the discretion of its executive head. Such a decision is subject to only limited review and may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence (see Judgment 3537, under 10). Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have her or his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right which every applicant must enjoy, whatever her or his hope of success may be (see, inter alia, Judgment 2163, under 1, and the case law cited therein, and Judgment 3209, under 11). It was also stated that an organisation must abide by the rules on selection and, when the process proves to be flawed, the Tribunal can quash any resulting appointment, albeit on the understanding that the organisation must ensure that the successful candidate is shielded from any injury which may result from the cancellation of her or his appointment, which she or he accepted in good faith (see, for example, Judgment 3130, under 10 and 11).
Reference(s)
ILOAT Judgment(s): 2163, 3130, 3209, 3537
Keywords:
appointment; competition; organisation's duties; selection procedure;
Judgment 3644
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the procedural and substantive regularity of an appointment.
Judgment keywords
Keywords:
appointment; complaint dismissed; joinder; selection procedure;
Judgment 3643
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the lawfulness of the procedure followed to appoint another person to a P4 position.
Judgment keywords
Keywords:
appointment; complaint dismissed; joinder; selection procedure;
Judgment 3642
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the lawfulness of the procedure followed to fill an Administrative Assistant position.
Judgment keywords
Keywords:
appointment; complaint dismissed; joinder; selection procedure;
Judgment 3621
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges two appointments of the President of the Office to the Internal Appeals Committee on the grounds that they were not preceded by consultation of the General Advisory Committee.
Judgment keywords
Keywords:
advisory body; appointment; complaint dismissed; consultation; internal appeals body;
Judgment 3590
121st Session, 2016
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant disputes the validity of the competition procedure in which she participated and the lawfulness of the appointment announced at its end.
Judgment keywords
Keywords:
appointment; competition; complaint allowed; decision quashed; selection procedure;
Judgment 3544
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the practice followed in granting appointments without limit of time to officials in the Director and Principal Officer category.
Judgment keywords
Keywords:
appointment; complaint allowed; decision quashed; duration of appointment; permanent appointment;
Judgment 3542
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the Tribunal cannot hear complaints relating to recruitment procedures for external candidates, the complaint is dismissed.
Judgment keywords
Keywords:
appointment; candidate; competition; complaint dismissed;
Judgment 3537
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a competition procedure and alleges harassment.
Consideration 10
Extract:
The Tribunal cannot substitute its evaluation for that of the EPO and will only interfere with a selection decision if that decision was taken without authority; if it was based on an error of law or fact, a 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:
appointment; competition; discretion; judicial review; selection procedure;
Judgment 3536
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the final selection decision taken by the President of the Office on a competition.
Judgment keywords
Keywords:
appointment; candidate; competition; complaint dismissed;
Judgment 3534
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The two complainants, who were members of the General Advisory Committee, contest the nomination of the Chairman of the Committee for the year 2010.
Judgment keywords
Keywords:
advisory body; appointment; complaint dismissed; joinder;
Judgment 3520
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the appointment of eight directors within the EPO.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3513
Keywords:
appointment; complaint dismissed; intervention;
Judgment 3513
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest a circular concerning the use of assessment centres by the EPO in the selection and appointment of staff.
Judgment keywords
Keywords:
appointment; complaint dismissed; joinder; selection board;
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