Judgment No. 2809

• Organization: European Organization for Nuclear Research (CERN)
• Date: 04.02.2009
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

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.
"The Tribunal has consistently held that a good performance record does not in itself justify selecting one candidate rather than another for a promotion or for the award of a post. The opinion of the author of an annual appraisal cannot be substituted for the conclusions of a selection board which, in this case, comprised representatives of the department head concerned, two human resources coordinators and two experts from another department, and which was responsible for selecting the candidates who had to be ranked as the best for the award of an indefinite contract [...]."

Reference(s)

ILOAT Judgment(s): 2040

Keywords

decision; promotion; performance report; rating; appointment; competition; selection board; qualifications

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; competition; candidate; judicial review