Candidate (295, 296,-666)
You searched for:
Keywords: Candidate
Total judgments found: 106
< previous | 1, 2, 3, 4, 5, 6 | next >
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 35-36
Extract:
"At the material time, the Centre had not formally adopted a procedure for the selection of candidates for vacant posts; however, it had developed a set of Guidelines."
"Although the Guidelines do not have the force of formally adopted regulations or rules, they are intended to foster a transparent selection procedure in which candidates are fairly evaluated against selection criteria. The process in the present case [...] undermines the credibility of the procedure and is an affront to the dignity of the complainant, who submitted his candidature in good faith and with the expectation that it would be considered in accordance with the procedure found in the Guidelines."
Reference(s)
ILOAT Judgment(s): 1077, 2393
Keywords:
candidate; competition; criteria; difference; procedure before the tribunal; respect for dignity;
Judgment 2859
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Regarding the allegation of unequal treatment between external and internal candidates, the Tribunal notes that as the situation of the former is different to that of the latter in fact and in law, there is no ground for that allegation."
Keywords:
candidate; equal treatment; grade; internal candidate; promotion;
Judgment 2835
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]here is nothing inherently wrong with the promotion of a candidate having less seniority where specific skills are required for a position."
Keywords:
candidate; criteria; equal treatment; promotion; qualifications; seniority;
Judgment 2834
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal rejects the complainant's allegation of unequal treatment. The allegation is based on the fact that individuals having less seniority and lower-rated staff reports were invited to the assessment centre. According to the vacancy note, a candidate was expected to demonstrate the ability to manage a directorate comprising 25 to 30 examiners; particular attention would be paid to management potential, and a candidate would be assessed on the basis of his or her ability to manage, resolve disputes, implement policies, and communicate and interact with others. As these managerial skills are not a function of seniority or the requisite skills of an examiner, it cannot be said that preferring candidates with potential managerial skills over those with greater seniority or higher ratings as examiners constitutes unequal treatment."
Keywords:
candidate; criteria; equal treatment; performance report; promotion; seniority;
Consideration 13
Extract:
"While a candidate is entitled to know the reasons for the rejection of his own candidacy, this does not extend to access to the Selection Board's consideration of the merits of other candidates."
Keywords:
candidate; duty of discretion; duty to substantiate decision; limits; organisation's duties; selection board;
Consideration 10
Extract:
"The complainant's plea that the decision not to invite him to an assessment was not based on objective and transparent criteria and was arbitrary appears to be grounded on the complainant's view that other less meritorious and less senior candidates were invited to participate in the assessment centre. Given that a key requirement identified in the vacancy note was managerial skills, in the absence of some evidence showing that the complainant possesses managerial ability or that he has the potential to be a good manager, the complainant's assertion is speculative at best."
Keywords:
burden of proof; candidate; competition; criteria; evidence; promotion; seniority;
Judgment 2809
106th Session, 2009
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant impugns the decision not to award him an indefinite contract for one of the long-term jobs offered to other candidates who had been found better qualified.
"In accordance with its case law, the Tribunal will not assess the candidates on merit or rule on the Organization's choice [...]."
Reference(s)
ILOAT Judgment(s): 1497
Keywords:
appointment; candidate; competition; judicial review;
Judgment 2788
106th Session, 2009
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[The] purpose [of probation] is to provide an organisation with an opportunity to assess an individual's suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15)."
Reference(s)
ILOAT Judgment(s): 2529
Keywords:
candidate; criteria; definition; fitness for international civil service; organisation; organisation's duties; post; probationary period; purpose; qualifications; refusal; unsatisfactory service; warning; work appraisal;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.
Keywords:
appointment; candidate; competition; competition cancelled; criteria; flaw; post; professional experience; refusal; vacancy notice;
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2657
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."
Reference(s)
ILOAT Judgment(s): 933
Keywords:
appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;
Consideration 5
Extract:
The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."
Reference(s)
ILOAT reference: Article II of the Statute
ILOAT Judgment(s): 67, 339, 621
Keywords:
appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; external candidate; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;
Judgment 2647
103rd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
'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.'
Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."
Reference(s)
ILOAT Judgment(s): 107
Keywords:
appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure before the tribunal; professional experience; provision; purpose; qualifications; staff regulations and rules;
Judgment 2569
102nd Session, 2007
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The vacancy notice of the post the complainant applied for stipulated that nationals of all Member States of CERN - including Switzerland - could apply. She was selected for the post but was dismissed after CERN discovered that in her application form she had stated that she held Swiss nationality whereas she had not yet acquired it. "[W]hile it is true that the fact that the complainant was married to a Swiss national should in principle have enabled her to obtain Swiss nationality under the 'facilitated naturalisation' procedure, it is equally true that at the time she filled out her application form she did not hold Swiss nationality and had not even applied for it. [...] By making a false declaration, the complainant was guilty of misconduct which, when it came to light after her recruitment, was sufficient to invalidate her appointment and to justify the imposition of a disciplinary sanction on the grounds that she fell short of the standards of loyalty and integrity that the Organization is entitled to expect of its staff. Although the complainant maintains that by imposing the disputed sanction the defendant breached the terms of her appointment and the applicable provisions of CERN’s Staff Rules and Regulations, she does not substantiate those allegations in any way, nor does she identify any breach of the rules of procedure followed by the Organization. The complaint must therefore be dismissed."
Keywords:
appointment; candidate; competition; date; disciplinary measure; marital status; member state; misconduct; misrepresentation; nationality; organisation; post; reinstatement; safeguard; staff member's duties; termination of employment; vacancy notice;
Judgment 2520
100th Session, 2006
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
"It is well settled that candidates are entitled to equal treatment in a competition for an advertised post (see Judgment 1990). It is an important aspect of the principle of equality that all candidates be considered objectively. Necessarily, a person's candidacy should not be evaluated by a person whose impartiality is open to question on reasonable grounds. The rule applies not only to those making or participating in the actual decision but also to those who have an advisory role, for they may exert influence on the ultimate decision (see Judgment 179). [...] To say that a person should not participate in the selection of candidates for an advertised position if his or her impartiality is reasonably open to question is not to say that a person should not have had a professional relationship with, or even supervisory responsibility for, one or more of the candidates. However, if the relationship goes beyond the proper bounds of a professional or supervisory relationship, there may well be reasonable grounds to question the impartiality of the person concerned."
Reference(s)
ILOAT Judgment(s): 179, 1990
Keywords:
advisory body; bias; candidate; case law; competition; composition of the internal appeals body; equal treatment; impartiality; post; selection board; supervisor;
Judgment 2457
99th Session, 2005
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."
Keywords:
candidate; claim; compensation; competition; complainant; composition of the internal appeals body; consequence; consultation; decision; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;
Judgment 2393
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The general principles allow that a discretionary decision with respect to an appointment may be set aside if applicants have not received equal treatment."
Keywords:
appointment; breach; candidate; condition; discretion; equal treatment; general principle; right;
Judgment 2392
98th Session, 2005
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was not selected for a post. She considers that she should have been given the preference because she was an internal candidate and by reason of her gender. "It is well settled that [such] preferences [...] must be given effect to where the choice has to be made between candidates who are evenly matched. On the other hand, they have no role to play where there is a significant and relevant difference between the candidates."
Keywords:
appointment; candidate; competition; difference; internal candidate; post; refusal; sex discrimination;
Consideration 13
Extract:
The complainant was not selected for a post. She contends that IFAD has not informed her of the reasons for rejecting her application. "[T]he evidence shows that, at best, the complainant was given only partial and incomplete oral reasons for the failure to give her preference, long after the internal appeal proceedings had been exhausted and the complaint to the Tribunal instituted. If reasons for a non-selection decision are to have any use at all they must be given in time for an unsuccessful candidate to decide what, if any, recourse should be sought. Here, they were not and the plea is well founded."
Keywords:
appointment; candidate; competition; complainant; delay; duty to inform; duty to substantiate decision; grounds; internal appeal; post; procedure before the tribunal; refusal; time limit;
Judgment 2376
98th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant's contract was not renewed. He later reached a settlement agreement with the ILO which stated that the decision not to renew his contract would have no consequence on any future application submitted by him. He alleges a breach of the terms of the settlement agreement. "[T]he settlement, concluded well after the complainant's loss of his position as a staff member, was not a term or condition of his appointment, nor did it form part of the Staff Regulations. The Statute [of the Tribunal], in Article II(4), requires that where the dispute relates to an agreement outside the terms of employment of a staff member, the agreement must contain a provision giving the Tribunal competence over disputes with regard to its execution so that the Tribunal can hear such a dispute. There is none. The complaint is [therefore] irreceivable."
Reference(s)
ILOAT reference: Article II, paragraph 4, of the Statute
Keywords:
breach; candidate; competence of tribunal; consequence; contract; date; iloat statute; non-renewal of contract; official; post; provision; receivability of the complaint; staff regulations and rules; status of complainant; vested competence;
Judgment 2363
97th Session, 2004
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's application for a post was unsuccessful. "While the complainant is undoubtedly technically qualified for the coveted post, and was found to be so in the two competitions in which she was unsuccessful, she was also, in both cases, found by two separate Selection Committees not to be the most qualified. Although the complainant clearly has a high view of her own merits, the fact that that view is not universally shared by others, whose honesty and good faith the complainant has not been successful in impugning, does not mean that the complainant has been unfairly treated or that she has been denied a promotion which should rightfully have been hers."
Keywords:
advisory opinion; breach; candidate; competence; competition; difference; equal treatment; good faith; lack of evidence; post; promotion; qualifications; refusal; right; selection board;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant's candidacy to a vacant post was rejected. "She states that her immediate supervisor [had] received a minute from HRD, instructing her that in preparing her shortlist of candidates, priority should be given to internal candidates, then to those persons who had been working for the Office for an extended period on what are regarded as 'precarious' conditions, such as herself, and lastly to other external candidates. She contends that, contrary to the instructions in the minute, her supervisor reviewed all the candidates in order to prepare her shortlist, disregarding those priorities, thus rendering the selection decision null and void. [The Tribunal considers that] what is important, however, is that the recruitment procedure in the Staff Regulations and the terms of the vacancy notice were complied with. The priorities for shortlisting candidates were merely indicated in a minute from HRD."
Keywords:
appointment; breach; candidate; competition; information note; internal candidate; priority; procedure before the tribunal; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;
Judgment 2325
97th Session, 2004
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."
Keywords:
administrative delay; candidate; competition; duty to inform; good faith; moral injury; reasonable time; time limit;
Judgment 2299
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's application for the post of technically qualified member of a board of appeal was unsuccessful. "The complainant considers that he was discriminated against because the Selection Board did not grant him an interview. Obviously the Board decided that, in the light of the candidacies submitted, an interview would not be necessary because it considered that it made procedural sense not to call a candidate who, in its opinion, appeared to be unsuitable for the vacancy concerned, which does not preclude the possibility of comparing the merits of all the candidates in the event of a subsequent challenge."
Keywords:
bias; candidate; competition; evidence; post; procedure before the tribunal; selection board;
Judgment 2294
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
Case of an official who served the Organization for 16 years and always gave satisfaction, whose post was abolished. The Organization states "that although the complainant was entitled to apply for posts which fell vacant after his appointment had been terminated, he did not do so. [T]he Tribunal considers that it was up to [the Organization] to make proposals to the complainant and to give some preference to his application."
Keywords:
abolition of post; appointment; candidate; official; organisation's duties; post; post held by the complainant; priority; reassignment; right; seniority; separation from service; vacancy;
< previous | 1, 2, 3, 4, 5, 6 | next >
|
