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 107

  
  17th Session, 1967
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "Although the organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the organization have priority only if their qualifications appear to be at least equal to those of other candidates."

  Keywords:

  appointment; competition; internal candidate; organisation's interest; priority;
  

  Consideration 2(C)

  Extract:

  "When making their decision the three experts were not aware of the names of the respective candidates, the papers having been placed in plain envelopes marked only with a letter of the alphabet. This ensured the impartiality of the experts. While it is true that complainant's chief, who was allegedly prejudiced against him, was a member of the Board of Experts, he expressed views which, although independent of those of his colleagues, did not differ from them. Consequently his presence cannot be said to have brought personal influence to bear on the results of the competition [...]. There is no reason to question the impartiality with which the results were evaluated."

  Keywords:

  bias; competition; composition of the internal appeals body; recusal; selection board;
  

  Consideration 2(A)

  Extract:

  "The organization did not fail in its duty in making public announcement of the competition in the press, which attracted some hundred applicants; in so doing not only was it acting in accordance with [the applicable provision], but it was also increasing its chances of appointing a qualified person, and it cannot be blamed for this."

  Keywords:

  competition; organisation's duties; vacancy notice;
  

  Consideration 1

  Extract:

  "The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."

  Keywords:

  competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
  

  Consideration 3

  Extract:

  The complainant "is not justified in criticising the conditions under which the competition was held. As he does not deny that his work was inferior to that of the candidate who was appointed, he cannot claim a preferential right as a serving official, since this exists only where qualifications are equal."

  Keywords:

  competition; condition; internal candidate; open competition; priority;
  

  Consideration 2(A)

  Extract:

  "It is of no importance that the tests [of the second examination] differed to some extent from those taken by complainant [in the first examination]; the organization was quite right not to repeat the preceding examination exactly so that applicants who had taken the first examination should not be favoured at the expense of those who took the second."

  Keywords:

  competition; equal treatment;
  

  
  
  

• Judgment 54

  
  9th Session, 1961
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."

  Keywords:

  application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."

  Keywords:

  competition; contract; fixed-term; internal candidate; permanent appointment; post held by the complainant; priority; right;
  

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