Competition (294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304,-666)
You searched for:
Keywords: Competition
Total judgments found: 169
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Judgment 281
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was one of a number of candidates for a post in the organization, appeals against the Director-General's decision to appoint another candidate. "Such a decision falls within the discretionary authority of the Director-General and accordingly the Tribunal has only a limited power of review."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant contends that the sole purpose of [the] unusual series of competitions was to eliminate him. In other words, he alleges abuse of authority [...]. Even if the argument were well founded [...] that would not mean that the competitions were tainted with any procedural flaw." Nothing prevented the organization from holding further competitions in the circumstances described.
Keywords:
abuse of power; competition; misuse of authority; procedural flaw;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."
Keywords:
appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;
Considerations
Extract:
"An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."
Keywords:
appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;
Considerations
Extract:
The impugned decisions relate to two different competitions and are contested on different grounds, although "each of them affects the complainant's career in a very similar way. The complainant may therefore refer them to the Tribunal in one and the same complaint."
Keywords:
appointment; career; competition; consequence; decision; receivability of the complaint;
Considerations
Extract:
According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."
Keywords:
appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;
Considerations
Extract:
"[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."
Keywords:
appointment; competition; discretion; internal competition;
Considerations
Extract:
"In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."
Keywords:
appointment; competition; condition; discretion; elements; internal competition; work appraisal;
Considerations
Extract:
"[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."
Keywords:
appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."
Keywords:
cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."
Keywords:
appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he degree of success attained by the complainant in the competitions in which he took part is immaterial, his actual work during his probationary period being the only material factor." Failure to take account of the results of competitions is not a material fact in the matter at issue.
Keywords:
competition; probationary period; termination of employment; unsatisfactory service;
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 2(C)
Extract:
"When making their decision the three experts were not aware of the names of the respective candidates, the papers having been placed in plain envelopes marked only with a letter of the alphabet. This ensured the impartiality of the experts. While it is true that complainant's chief, who was allegedly prejudiced against him, was a member of the Board of Experts, he expressed views which, although independent of those of his colleagues, did not differ from them. Consequently his presence cannot be said to have brought personal influence to bear on the results of the competition [...]. There is no reason to question the impartiality with which the results were evaluated."
Keywords:
bias; competition; composition of the internal appeals body; recusal; selection board;
Consideration 2(A)
Extract:
"The organization did not fail in its duty in making public announcement of the competition in the press, which attracted some hundred applicants; in so doing not only was it acting in accordance with [the applicable provision], but it was also increasing its chances of appointing a qualified person, and it cannot be blamed for this."
Keywords:
competition; organisation's duties; vacancy notice;
Consideration 1
Extract:
"The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."
Keywords:
competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
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;
Consideration 2(A)
Extract:
"It is of no importance that the tests [of the second examination] differed to some extent from those taken by complainant [in the first examination]; the organization was quite right not to repeat the preceding examination exactly so that applicants who had taken the first examination should not be favoured at the expense of those who took the second."
Keywords:
competition; equal treatment;
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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