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Appointment without competition (686,-666)

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Keywords: Appointment without competition
Total judgments found: 9

  • Judgment 4774


    137th Session, 2024
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to appoint another official to a post at grade D-2.

    Judgment keywords

    Keywords:

    appointment without competition; complaint dismissed; roster;



  • Judgment 4773


    137th Session, 2024
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the appointment of another official by lateral transfer.

    Consideration 6

    Extract:

    The defendant organisation does not raise as an issue the question of whether the complainant has a cause of action concerning the appointment of Ms Y.S. or otherwise put in issue the receivability of the complaint insofar as it directly challenges that appointment. However, it cannot be assumed that one member of staff has an unfettered right to challenge the transfer of another member of staff (see Judgment 2670, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 2670

    Keywords:

    appointment without competition; cause of action;

    Judgment keywords

    Keywords:

    appointment without competition; complaint dismissed; transfer;



  • Judgment 4771


    137th Session, 2024
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the appointment of another official by lateral transfer.

    Judgment keywords

    Keywords:

    appointment without competition; complaint dismissed; transfer;

    Consideration 5

    Extract:

    The defendant organisation does not raise as an issue the question of whether the complainant has a cause of action concerning the appointment of Mr D. or otherwise put in issue the receivability of the complaint insofar as it directly challenges that appointment. However, it cannot be assumed that one member of staff has an unfettered right to challenge the transfer of another member of staff (see Judgment 2670, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 2670

    Keywords:

    appointment without competition; cause of action;



  • Judgment 4687


    136th Session, 2023
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment after she refused two reassignments.

    Consideration 8

    Extract:

    One legal issue presented for consideration by the pleas is whether the power to reassign an official to such a position is in any way conditioned or qualified in circumstances where a competition is on foot to fill the position. While it is not explicitly put this way by the complainant, it is the import of one of her pleas. There are a number of cases where the Tribunal has considered the direct appointment of a person to a position in circumstances where it denied the complainant “a right to compete” (see generally Judgments 4069, 3742, 3288 and 2959). By parity of reasoning, and notwithstanding the unequivocal bias just referred to, the decision to appoint the complainant, by way of reassignment, to the position in Cameroon deprived those who had entered the competition following the 27 December 2017 vacancy announcement of their right to compete and for each to have their candidature assessed on its merits. Deprivation of that right would involve a breach of WHO’s duty to act in good faith (see Judgments 4619, consideration 8, and 4618, consideration 8) to those who entered the competition. Consistent with the existence of this duty to act in good faith, the power to fill a position by reassignment, should not be interpreted as authorising reassignment
    to a position when a competition is on foot to fill the very same position. There is an implied limitation on the exercise of the power to reassign. Thus, the decision of 12 January 2018 to reassign the complainant to the position in Cameroon was not lawful. Accordingly, the decision of 16 March 2018 to terminate her employment because she had refused the reassignment, was tainted by the unlawfulness of the reassignment decision and the decision to terminate should be set aside.

    Reference(s)

    ILOAT Judgment(s): 2959, 3288, 3742, 4069, 4618, 4619

    Keywords:

    appointment; appointment without competition; reassignment; selection procedure; termination of employment; transfer;



  • Judgment 4521


    134th Session, 2022
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the short-term appointment of a staff member.

    Judgment keywords

    Keywords:

    appointment without competition; complaint dismissed; selection procedure;



  • Judgment 4507


    134th Session, 2022
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew his fixed-term appointment.

    Consideration 6

    Extract:

    The complainant alleges that the non-extension decision was tainted by an error of fact since it was taken on the assumption that his employment was the result of a “direct political appointment” by the former Director-General whereas, in reality, he was selected for the position of Director, ICA, by means of a competitive process following the publication of the open vacancy for said position to all African delegations.
    The Tribunal finds, on the basis of the relevant evidence provided by the Organisation, that the appointment of the complainant in 2016 was a direct political appointment.
    Contrary to the complainant’s assertion, the selection process was not preceded by the publication of a vacancy notice open to any potential candidates. The process was initiated by a letter of 9 September 2015, addressed by the then OPCW Director-General to the Permanent Representative of the Republic of South Africa to the OPCW, in which the Director-General stated that:
    – the position of the Director, ICA, which was then occupied by a staff member from South Africa, would soon become vacant;
    – he intended to appoint a suitable candidate from the African region to this position;
    – he therefore requested the Permanent Representative of the Republic of South Africa to “inform [his] regional group to seek names of suitable candidates”;
    – “[t]he candidacies [could] be submitted directly to [him] with their CVs by 15 October 2015.
    Following interviews that [he would] conduct, [he would] appoint the new Director ICA”.
    The process, as described in this letter, was not a competitive process since there was no vacancy notice open to public competition, but only one which would enable the OPCW Director-General to select directly the suitable candidate.
    Moreover, this process did not comply with either Staff Regulation 4.3, which required that selection of staff be made on a competitive basis, or Administrative Directive AD/PER/29/Rev.3, in force at the material time, whose paragraph 7 required, even for appointments to posts at the D-2 level and above, that they be based on “recruitment and selection procedures”. The Tribunal’s case law holds that the consultation with “relevant delegation and regional groups” – as made in the instant case – did not satisfy paragraph 7 of the Directive (see Judgment 4069, consideration 6).
    In conclusion, the non-extension decision was not tainted by an error of fact.

    Reference(s)

    ILOAT Judgment(s): 4069

    Keywords:

    appointment without competition;



  • Judgment 4084


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to transfer her and the appointment of another staff member without a competitive recruitment process.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed; transfer;



  • Judgment 4069


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed;



  • Judgment 3993


    126th Session, 2018
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the direct appointment of Mr E. to the position of Legal Adviser.

    Judgment keywords

    Keywords:

    appointment without competition; complaint allowed; decision quashed;


 
Last updated: 07.03.2024 ^ top