Judgment No. 326

• Organization: Pan American Health Organization (PAHO)
• Date: 21.11.1977
• Original: English
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

WHO Staff Regulation 4.4 provides that "without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the organization in preference to persons from outside". The organization must rely upon the members of a selection committee to pay what they consider to be due regard to the factors mentioned in the Regulations. "It would only be in a case in which it could be shown that a factor had been wilfully disregarded that the Tribunal could begin to entertain any complaint."

Reference(s)

Organization rules reference: WHO STAFF REGULATION 4.4

Keywords

vacancy; appointment; competition; post held by the complainant; selection board; judicial review; criteria

Consideration 5

Extract:

"The Tribunal has no power to interfere with [a decision to make an appointment] except upon limited grounds such as alleged irregularities of procedure". In the present case, "since these allegations have not been made out, the decision of the Director-General must stand."

Keywords

appointment; competition; judicial review; discretion