Internal candidate (296,-666)

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Keywords: Internal candidate
Total judgments found: 26

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• Judgment 1223

  
  74th Session, 1993
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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;
  

  
  
  

• 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;
  

  
  
  

• 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;
  

  
  
  

• 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 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;
  

  
  
  

• 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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