Selection procedure (660,-666)
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Keywords: Selection procedure
Total judgments found: 120
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Judgment 3587
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to initiate a new selection procedure after the decisions not to select her for a vacant post and to appoint another candidate were set aside due to a flawed selection procedure.
Judgment keywords
Keywords:
complaint allowed; loss of opportunity; procedural flaw; selection procedure;
Judgment 3584
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for a vacant post, alleging personal prejudice, and contests the transfer of the selected candidate to a commensurate post.
Judgment keywords
Keywords:
complaint allowed; loss of opportunity; moral injury; procedural flaw; selection procedure;
Judgment 3557
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complaint is clearly irreceivable, it is summarily dismissed.
Consideration 4
Extract:
"[T]o the extent that the complainant appears to be seeking to defend the general interest of the staff in having that particular vacancy filled by a lawful procedure, not only does he not have standing to do so either individually or as a member of a group, he also has a conflict of interest. Indeed, given that he participated in the selection process, he could not have been – even theoretically – a candidate for that vacancy. His claim is therefore clearly irreceivable as he lacks locus standi to bring it."
Keywords:
cause of action; locus standi; selection procedure;
Judgment 3543
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant did not prove the abuse of power she alleges, the Tribunal dismissed the complaint.
Consideration 8
Extract:
"[T]he Tribunal has already stated in Judgment 2648, under 8, that even if the guidelines provided for by the Collective Agreement are not adopted, their absence cannot prevent the Administration from carrying out the objective technical evaluations incumbent upon the authority responsible for selecting candidates in a competition."
Reference(s)
ILOAT Judgment(s): 2648
Keywords:
selection procedure;
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 3494
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her candidature for a position in Eurocontrol.
Consideration 9
Extract:
"[A]s the Tribunal has consistently held, 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 that every applicant must enjoy, whatever her or his hopes of success may be (see Judgments 1549, under 9, 2163, under 1, or 3209, under 11)."
Reference(s)
ILOAT Judgment(s): 1549, 2163, 3209
Keywords:
no cause of action; selection procedure;
Consideration 19
Extract:
"The Tribunal will not award the complainant the compensation she claims for loss of opportunity because, under the provisions of the Staff Regulations in force, Eurocontrol officials may not in principle be promoted to a higher grade bracket except through a competition (see Judgment 3404, under 8)."
Reference(s)
ILOAT Judgment(s): 3404
Keywords:
loss of opportunity; selection procedure;
Judgment 3449
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.
Judgment keywords
Keywords:
cause of action of staff representative; competition; complaint allowed; decision quashed; flaw; joinder; selection procedure; staff representative; vacancy notice;
Consideration 9
Extract:
"By adopting a procedure that could mislead potential applicants as to the nature of recruitment to the posts in question, the ILO rendered these recruitments unlawful."
Keywords:
competition; flaw; selection procedure;
Judgment 3380
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for a post following a competition and alleges perpetual administrative bias towards him.
Judgment keywords
Keywords:
complaint allowed; selection procedure;
Judgment 3272
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision not to appoint her to a vacant post due to procedural flaw and violation of her right to due process.
Consideration 15
Extract:
"The Tribunal has consistently affirmed the confidentiality of the records of the discussions regarding the merits of the applicants for a post. However, this does not extend to the reports regarding the results of the selection process with appropriate redactions to ensure the confidentiality of third parties."
Keywords:
adversarial proceedings; confidential evidence; disclosure of evidence; due process; duty to inform; organisation's duties; procedural flaw; right to be heard; selection board; selection procedure;
Judgment 3219
115th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges his non-selection for a post, alleging that the selection process was flawed and unfair.
Judgment keywords
Keywords:
competition; complaint allowed; decision quashed; equal treatment; flaw; selection procedure;
Judgment 3209
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.
Consideration 11
Extract:
According to the Tribunal’s case law, an appointment by an international organisation is a decision that lies within the discretion of its executive head. Being subject to only limited review, it 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. Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see, inter alia, Judgment 2163, under 1, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 2163
Keywords:
appointment; competition; discretion; judicial review; selection procedure;
Judgment keywords
Keywords:
complaint allowed; disclosure of evidence; selection procedure;
Judgment 3206
115th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint, which aims at the cancellation of a contested appointment, is allowed.
Consideration 16
Extract:
The complainant challenges the decision to appoint a colleague to a grade D-2 position through a direct recruitment procedure. The Tribunal finds that there was no valid reason to apply such a procedure. “The Director General was therefore right to conclude […] that [the] appointment […] was unlawful. However, he was mistaken in believing that this did not oblige him to withdraw that appointment. Since this unlawful decision was the subject of an internal appeal validly filed by another staff member who had cause of action, the Director General had no option but to withdraw it. [T]he fact that [the colleague in question] had left the Organization’s service in the meantime did not alter that duty […].”
Keywords:
appointment; cause of action; competition; flaw; internal appeal; selection procedure;
Judgment 3191
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3188
114th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.
Judgment keywords
Keywords:
complaint allowed; downgrading; selection procedure; transfer;
Judgment 3186
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select her to several positions for which she had applied.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3185, 3187
Keywords:
appointment; competition; complaint dismissed; selection procedure; status of complainant;
Judgment 3182
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision not to appoint her to a position for which she applied, although she ranked first in the technical evaluation.
Judgment keywords
Keywords:
appointment; complaint allowed; flaw; mistaken conclusion; recommendation; selection procedure;
Judgment 3177
114th Session, 2013
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to refuse to promote him to grade P-5.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3176
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the appointment by direct selection of a staff member.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3175
Keywords:
appointment; complaint allowed; selection procedure;
Judgment 3157
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 3136
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
cause of action; complaint dismissed; selection procedure;
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