Judgment No. 3136
Decision
The complaints are dismissed as irreceivable.
Judgment keywords
Keywords
cause of action; selection procedure; complaint dismissed
Consideration 1
Extract:
[S]ince the two complaints before the Tribunal concern the selection processes regarding the same post and share, to a significant extent, the same factual background and raise common issues of fact and law and seek the same redress, they are joined to form the subject of a single ruling.
Keywords
joinder
Consideration 1
Extract:
[T]he complainant applies for an oral hearing for the purpose of clarifying his case. However, he has not identified any evidence he wishes to adduce or any clarification that he cannot make equally well in his written pleadings. Further, as these complaints largely address questions of law an oral hearing will not be ordered.
Keywords
oral proceedings
Consideration 11
Extract:
[A]ccording to Article II, paragraph 5, of the Statute of the Tribunal, to be receivable claims must relate to decisions involving the terms of a staff member’s appointment or the provisions of the Staff Regulations. The Tribunal observes that the complainant’s involvement in the selection process for the relevant post ended in April 2004, when he was informed that he had not been shortlisted for an interview. He did not challenge that decision when it was rendered and he does not allege now that it was improperly taken. Subsequent to the complainant’s elimination from the applicant pool, the selection panel erred by failing to refer Mr S.’s name to the Regional Director. Mr S. was able, on the basis of that error, to appeal successfully the decision appointing Mr K. to the post. The complainant did not challenge Mr K.’s appointment at the time. The subsequent decision to resume the selection process from the stage of the Regional Director’s consideration of the names referred to him by the selection panel did not concern the complainant; he had already been validly screened out of the process at that point. It follows that it cannot be said that the decision in any way engaged the terms of the complainant’s appointment or breached the Staff Regulations.
Keywords
receivability of the complaint
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