Competition (294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304,-666)
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Keywords: Competition
Total judgments found: 163
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Judgment 1357
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."
Keywords:
competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;
Consideration 10
Extract:
The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."
Keywords:
advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;
Judgment 1331
76th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"On account of the undue delay in the selection process [i.e. some ten months between the issue of the vacancy notice and the meeting of the Selection Committee] the Tribunal awards the complainant damages for moral injury in a sum of 1,000 United States dollars."
Keywords:
administrative delay; competition; competition cancelled; delay; due process; moral injury; procedure before the tribunal; selection board; vacancy notice;
Judgment 1316
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The EPO submits that unless the complainant shows that he had a genuine chance of gaining appointment to a post put up for competition he may not challenge the appointment procedure. It therefore alleges that the decision he is impugning has caused him no injury. "The plea is mistaken. The material question is whether the complainant's rights as a candidate for the post were infringed. [...] The EPO included the complainant in the list of applicants eligible for consideration by the Selection Board and thereby accepted his candidature. So it may not now contend that he had no interest in the outcome of the procedure and has no right to challenge it."
Keywords:
candidate; cause of action; competition; competition cancelled; decision; organisation's duties; selection board;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
Keywords:
abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"An international civil servant does derive a cause of action from an appointment by an organisation and it does not [...] depend on his being a serious contender for the post or caring deeply about it. All that is required is that he want the vacant post and, whatever his qualifications for it or his prospects of success may be, the Tribunal will acknowledge the cause of action by enforcing any rights the organisation may have infringed."
Keywords:
appointment; candidate; cause of action; competition; decision; judicial review;
Judgment 1268
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgments 107, consideration 1, and 1071, consideration 3.
Reference(s)
ILOAT Judgment(s): 107, 1071
Keywords:
bias; candidate; case law; competition; equal treatment; internal candidate;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."
Keywords:
appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant took part in a competition as an internal candidate and his name was first on the short list drawn up by the Appointment and Promotion Committee. He is challenging the Director-General's decision to appoint an external candidate to the post he applied for. The decision rested on considerations of geographical distribution and UPU Staff Regulation 4.1. The Union pleads that when three posts as head of section fall vacant at the same time at least one successful candidate must be an outside one so as not to impede "the recruitment of fresh talent" that Regulation 4.3 requires. "But that is not at all what 4.3 says. equitable geographical distribution is a criterion that plainly is to apply only to recruitment, not to promotion, and there is no requirement in the Staff rRgulations or Rules that the Director-General recruit 'fresh talent' just because three posts as head of section have to be filled at the same time. The Director-General was obviously wrong in putting that construction on the rule."
Reference(s)
Organization rules reference: UPU STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; geographical distribution; internal candidate; interpretation; staff regulations and rules; written rule;
Consideration 3
Extract:
"Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."
Keywords:
appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 33 to 36
Extract:
The complainant, a Eurocontrol official, is challenging the rejection of his application to a post of head of division and the appointment of an external candidate to that post on the grounds that the decision was not substantiated. "Mutual trust between organisation and staff requires that in such circumstances the applicants should be properly informed of the decision and of the reasons for it. of course the content of the obligation [...] will depend on the sort of decision that has been taken. [...] The principle holds good: the organisation has a duty to state the reasons for the decision, that being an essential condition for proper defence of the official's rights. The staff member is therefore entitled to be given any information necessary for that purpose."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
competition; decision; duty to inform; duty to substantiate decision; organisation's duties; promotion; purport; purpose; refusal; right to reply;
Consideration 20
Extract:
"True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; case law; cause of action; competition; complaint; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;
Consideration 30
Extract:
The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
Judgment 1177
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Director-General's decision is not based on the results of an examination marked by an independent body, he has a wide degree of discretion in making an appointment and granting promotion. Though he is not bound by any recommendation from an advisory body, his authority does not make referral to such a body pointless. A selection body relieves him of the burden of carrying out an assessment himself. It ensures that all applications for appointment or promotion, whatever their source, shall be examined impartially and on the merits. And its report enables the Tribunal to appraise the background to the impugned decision and determine whether it shows any flaw."
Keywords:
advisory body; appointment; competition; discretion; further submissions; impartiality; interlocutory order; judicial review; promotion; promotion board; recommendation; report;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6, 8 and 9
Extract:
"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".
Keywords:
competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
Consideration 5
Extract:
"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."
Keywords:
candidate; competition; criteria; equal treatment; open competition; organisation's duties;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
PAHO Staff Regulation 4.4 gives preference to inside candidates for promotion, all other things being equal. Two editors on temporary posts were appointed after the holding of a competition. The Tribunal holds that an organisation must avoid so giving inside candidates the impression of subterfuge.
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
Keywords:
appointment; candidate; competition; internal candidate; priority;
Consideration 4
Extract:
"A decision by an international organisation to make an appointment is a discretionary one and is therefore subject only to limited review. It may be quashed only if it was taken without authority [etc]. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the Selection Committee and the executive head full responsibility for their choice."
Keywords:
appointment; competition; discretion; judicial review; limits;
Consideration 6, summary
Extract:
The Selection Committee initially recommended the appointment of the complainant. Recruitment to the post having been frozen for two years, the Committee's recommendation never reached the Director. After the freeze another selection process began without taking account of the outcome of the first, and the complainant was not selected. The Tribunal is satisfied that in view of the time that had elapsed between the two selection processes it was only reasonable to treat the first one as abortive and to start a new one.
Keywords:
competition; competition cancelled; recommendation; selection board;
Summary
Extract:
The complainant objects to the outcome of a competition which she took part in. The Tribunal finds the material selection process is tainted with two flaws: the results were not "quantified" and the candidates were not anonymous. As the evaluation process was not a fair one, the complainant is entitled to damages.
Keywords:
bias; competition; equal treatment; procedural flaw;
Consideration 10
Extract:
There was a further potential flaw in the process. Since the candidates had to write their names on the test papers, the person in charge of quantifying the results would, had she marked the papers, have been aware of their identity, and there would have been a risk that the examiner might, even involuntarily, be influenced by knowing the candidates. The process of evaluation must not only be fair, as provision 344 requires, but also be seen to be fair.
Keywords:
candidate; competition; flaw; impartiality; selection procedure;
Judgment 1071
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
PAHO Staff Regulation 4.4 gives preference when filling vacancies to existing staff members over outside candidates. The Regulation "does not give existing staff members absolute priority in promotion and the Tribunal does not make rulings on such matters as staff policy, which are within the prerogative of the Director. Yet, if there were a consistent practice of recruiting people under temporary appointments and later appointing them to permanent posts, in preference to inside applicants, on the strength of the experience they had thereby gained, it would offend against the purpose and spirit of Regulation 4.4." (Vide Judgment 1077.)
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 1077
Keywords:
candidate; competition; internal candidate; judicial review; priority; vacancy;
Consideration 3
Extract:
Both the complainant and one other candidate, Mr. X, were short-listed after a post they applied for was put up for competition. The Selection Committee interviewed Mr. X and he then got the appointment. Referring to precedent as stated in Judgment 107, the Tribunal held that "the Selection Committee did not put the complainant on an equal footing with Mr. [X]: it interviewed him but not her." The selection procedure was flawed and the complainant entitled to damages.
Reference(s)
ILOAT Judgment(s): 107
Keywords:
candidate; competition; equal treatment; procedural flaw;
Judgment 1049
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants, who applied for a vacant post put up for competition, wish to have the results set aside. The Tribunal is satisfied on the evidence that the selection procedure shows several serious flaws, of which at least two are fatal: in breach of Manual provision II.3.340 no short-list had been drawn up and the Director-General drew had drawn mistaken conclusions from the evidence before him in dismissing the Appeals Boards' findings of improprieties.
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.3.340
Keywords:
application for quashing; competition; flaw; mistaken conclusion; procedural flaw; procedure before the tribunal; selection board;
Summary
Extract:
The complainants object to the results of a competition concerning a post for which they were candidates. The Tribunal invited the official who was appointed to the vacancy to submit a brief on the matter.
Keywords:
application for quashing; co-defendant; competition;
Judgment 1004
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.
Keywords:
appointment; competition; condition; internal competition; no provision; practice; vacancy notice;
Summary
Extract:
In accordance with Circular No. 380 (Series 6) of 3 March 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. The decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. The Tribunal holds that the decision was in keeping with Article 4.11 of the Staff Regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these Regulations, as becoming an official for the first time". The complaint is dismissed.
Reference(s)
Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987
Keywords:
appointment; candidate; competition; condition; consequence; early retirement; internal competition; refusal; retirement;
Judgment 958
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Director-General has wide discretion to appoint, transfer and promote staff in the interests of the organization he heads. But his authority is not unqualified, and the Tribunal will review his decisions".
Keywords:
appointment; competition; discretion; judicial review;
Consideration 5
Extract:
The complainant alleges that the reason why he was not appointed to a P.5 post as principal reviser was that "the Director-General disliked him as a militant member of one of the two staff associations". On the evidence before the Tribunal, the plea fails.
Keywords:
bias; candidate; competition; staff union activity;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."
Keywords:
amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;
Judgment 729
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principle of equality, which is binding on an international organisation even if it is not stated in the rules, requires that when a vacancy occurs all members of the staff should have the same opportunity of securing it. The organization is not of course bound to ensure that the notice of a vacancy should actually reach everyone. Its duty goes no further than to issue the notice by some suitable means and with suitable promptness."
Keywords:
competition; duty to inform; equal treatment; organisation's duties; vacancy; vacancy notice;
Judgment 670
56th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Selection Committee recommended the appointment of the complainant. The selection procedure was declared void by the Director and a new selection procedure initiated. There is not sufficient evidence of the Director having acted out of personal animosity against the complainant. There is evidence that he allowed certain criteria to take on exaggerated importance and he misunderstood the role of the Selection Committee. When setting the amount of compensation, it should be noted that this is the second time the Director has flaunted a recommendation favouring the complainant.
Keywords:
appointment; competition; competition cancelled; recommendation; selection board;
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