Judgment No. 4061

• Organization: United Nations Industrial Development Organization (UNIDO)
• Date: 06.02.2019
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decisions not to cancel the appointment of an external candidate following a recruitment procedure and not to organise a new procedure open to internal candidates only.

Judgment keywords

Keywords

competition; selection procedure; complaint dismissed

Consideration 5

Extract:

The Tribunal has consistently held that a staff member’s right to challenge the appointment of another staff member to a particular post is not contingent on whether she or he had a relatively good chance of being the successful candidate (see Judgment 2832, under 8, and the cited cases). However, the same case law also establishes that the individual concerned must be eligible to occupy the post, otherwise it could not be said that the individual was legally affected by the disputed appointment. As the complainant was not eligible to apply for appointment to the post at the relevant time, his complaint does not disclose a cause of action and must be dismissed.

Reference(s)

ILOAT Judgment(s): 2832

Keywords

no cause of action; appointment; competition