Judgment No. 1004
THE COMPLAINT IS DISMISSED.
In accordance with Circular No. 380 (Series 6) of 3 March 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. The decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. The Tribunal holds that the decision was in keeping with Article 4.11 of the Staff Regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these Regulations, as becoming an official for the first time". The complaint is dismissed.
Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987
appointment; competition; candidate; internal competition; retirement; early retirement; condition; consequence; refusal
The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.
practice; no provision; appointment; competition; internal competition; vacancy notice; condition
The complainant's candidature in an internal competition having been eliminated, he challenged the composition of the Selection Board. He had doubts that its Vice-chairman, who had retired and later gone back to the organisation, might not have been reappointed to the Board as required under the material rules. The Tribunal observes that the guidelines issued to implement the provisions of Circular 380 (Series 6) of 3 March 1987 expressly stipulate that officials who have been reappointed will be considered to have had no break in service for the purposes of service on the Selection Board. The argument fails.
Organization rules reference: CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987
challenge of member; selection board; condition; composition of the internal appeals body