Equal treatment (188, 189, 900, 663,-666)
You searched for:
Keywords: Equal treatment
Total judgments found: 235
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Judgment 819
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"'Periods of professional experience after completion of studies may be credited only from the documented date on which university studies were successfully completed'. Military or 'comparable' service counts as reckonable professional experience, [...] no distinction [being made] between periods before and after graduation. [...] Yet the impugned decision was no breach of the principle of equality: the principle holds good only as between those who are in the same position in fact and in law".
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
date; degree; equal treatment; military service; professional experience; reckoning; seniority;
Judgment 818
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"What the principle [of equality] requires is that everyone in like case should be governed by the same rules and get the same treatment."
Keywords:
definition; equal treatment; general principle;
Consideration 4
Extract:
"The Tribunal will [...] consider [...] whether the purpose or even the mere effect of the rule is to put some members of the staff at a severe disadvantage. If the new method of reckoning seniority did have that effect the Tribunal would have to see whether it was warranted by broader considerations, the organisation being allowed a large degree of discretion in the matter."
Keywords:
amendment to the rules; discretion; equal treatment; judicial review; professional experience; provision; reckoning; seniority; staff regulations and rules;
Judgment 767
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Precedent has it that one official may not rely on the unjust enrichment of another: equality in law does not embrace equality in the breach of it."
Keywords:
equal treatment; exception; flaw; general principle;
Judgment 755
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The distinction between the reckoning for starting step and the reckoning for promotion is plain from the actual wording of the rules. The distinction warrants different treatment, and there is no breach of the principle of equality where the treatment is a fair, reasonable and logical outcome of circumstantial differences."
Keywords:
appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;
Judgment 754
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"For the plea to succeed there must be different treatment of staff members who are in the same administrative position. Where the circumstances differ, so may the treatment provided that it is a fair, reasonable and logical outcome of the difference."
Keywords:
condition; equal treatment; general principle;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In 1984, after the President of the Office adopted new rules to take account of the Tribunal's case law, the complainant was awarded a further step in his grade and additional seniority. He is asking that the impugned decision take effect not as from 1 January 1984 as called for by the new rules but as from 1 June 1982, the date when he took up his appointment. The plea fails. The Tribunal observes that, far from discriminating, the impugned decision corrects an existing element of inequality and if there remains inequality it is due to the terms of the complainant's appointment, which were not challenged within the prescribed time limits.
Keywords:
amendment to the rules; appointment; date; effective date; enforcement; equal treatment; grade; professional experience; provision; reckoning; seniority; step;
Judgment 734
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.
Reference(s)
ILOAT Judgment(s): 694, 695
Keywords:
administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;
Judgment 729
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principle of equality, which is binding on an international organisation even if it is not stated in the rules, requires that when a vacancy occurs all members of the staff should have the same opportunity of securing it. The organization is not of course bound to ensure that the notice of a vacancy should actually reach everyone. Its duty goes no further than to issue the notice by some suitable means and with suitable promptness."
Keywords:
competition; duty to inform; equal treatment; organisation's duties; vacancy; vacancy notice;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
Keywords:
administrative instruction; amendment to the rules; enforcement; equal treatment; provision; reckoning; seniority;
Judgment 674
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant makes unsound objections to the application of guidelines presently in force. An official has no right to demand that rules in force at the time of joining the organisation not be amended. The Tribunal sees no evidence of breach of the principle of equal treatment, as claimed by the complaint. The reason why officials recruited at A.3 and those recruited at A.2 and promoted to A.3 do not fall under the same rule is that their factual positions are not the same.
Keywords:
acquired right; amendment to the rules; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"No one may plead breach of the principle of equality on the grounds that he has not received a benefit unlawfully conferred on others. [The complainant] is [...] mistaken in alleging that such breach entitles him to payment of an allowance which was wrongly paid to others."
Keywords:
equal treatment; exception; flaw; general principle;
Judgment 656
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the experience of examiners and translators counts only in part the reason is that it is of limited use to them in performing their duties at the EPO. But the reason why the experience of lawyers counts in full is that, as the EPO actually admits, they are able to adapt quickly to their new duties [...]. In other words, the difference in the calculation of seniority is due to a difference of fact and there is no tipping of the balance that needs to be offset. What the EPO describes as a kind of compensation in the counting of months is in fact a breach of the principle of equality."
Keywords:
difference; equal treatment; professional experience; rate; reckoning; seniority;
Consideration 5
Extract:
"The EPO may determine questions of seniority according to more or less formal criteria. Thus it may, for example, discount months altogether in reckoning different groups of staff. Accordingly, the practice of discounting months short of one year in reckoning the seniority of all who are lawyers is not in itself a breach of the principle of equality. The breach of the principle lies in treating examiners and translators more favourably than lawyers."
Keywords:
criteria; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"There are three hypotheses. The first is that the complainant was treated unlawfully, and if so the Tribunal need only declare that he was and need not rule on the allegation of unequal treatment. The second is that the complainant was treated lawfully and the other staff member unlawfully. In that case the complainant may not rely on unlawful treatment which conferred benefit on the other staff member; equality in law does not mean equality in the breach of it. The third hypothesis is that both of them were treated lawfully. If there was inequality in the treatment they received it arose in circumstances which allowed the exercise of discretion and in which the Tribunal has no power of review."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
equal treatment; exception; flaw; general principle;
Consideration 5
Extract:
The complainant claims to have received unequal treatment. He invites the Tribunal to order disclosure of another staff member's personnel file for comparison with his own, along with the file on the grading of his post. "The ILO objects to disclosing another official's records to the complainant but is willing to let the Tribunal see them."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
confidential evidence; disclosure of evidence; equal treatment; personal file; post classification; request by a party;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."
Keywords:
candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;
Consideration 13(B)
Extract:
"The principle of equality does not mean that the same rules must be uniformly applied to everyone. What it means is that like facts require like treatment in law, but different facts allow of different treatment."
Keywords:
equal treatment; general principle;
Judgment 572
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While [the system] gives the President a discretionary power [with respect to the calculation of seniority], it is not disputed that the rules themselves and the decisions made thereunder must conform with the principle of equality of treatment."
Keywords:
discretion; equal treatment; limits; professional experience; reckoning; seniority; step;
Judgment 568
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
When the organisation [EPO] was created, it had to recruit a large staff; "when fixing the initial grade, [it had] to take into account experience gained, first in patent offices and, second, in industry generally. [...] The organisation distinguishes between the first and second categories. [...] In the opinion of the Tribunal the distinction is not unreal and the complainant has not shown any breach of [the principle of equality of treatment]."
Keywords:
appointment; difference; equal treatment; grade; professional experience;
Judgment 551
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"A system which discriminates in the matter of promotion between officials according to their nationality seriously offends against the principle of equal treatment and should as a general rule be forbidden. [...] In the unusual circumstances of this case [in order] to establish a new secretariat, the Tribunal holds that the Administrative Council was free to lay down for a strictly limited period conditions for promotion which differed according to nationality." The object was to secure a balanced staff. There is no evidence to suggest any abuse of authority by the administration, and its action was therefore not unlawful.
Keywords:
equal treatment; nationality; promotion;
Consideration 5
Extract:
"Although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. This is a general rule. If in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."
Keywords:
appointment; equal treatment; geographical distribution; nationality; promotion;
Consideration 4
Extract:
"The nationals of what may be called the home country of an organisation enjoy because of their nationality advantages denied to the nationals of other countries. [...] It has generally been accepted that an organisation may offer special benefits to staff recruited abroad, since without some compensation such staff would be in a worse position financially than staff recruited in the home country."
Keywords:
equal treatment; nationality; terms of appointment;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."
Keywords:
appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"What the principle of equality requires is that all those in the same position should receive equivalent and non-discriminatory treatment, provided that, with due regard to the different factual situations which may exist, the organisation may adopt rules prescribing or allowing reasonable distinctions."
Keywords:
equal treatment; general principle;
Judgment 514
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"A change in a rule or practice [...] is a sufficient ground within the meaning of [the principle of equality of treatment] for distinguishing those who made their claim before from those who made their claim after."
Keywords:
amendment to the rules; equal treatment; practice;
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