Equal treatment (188, 189, 900, 663,-666)
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Keywords: Equal treatment
Total judgments found: 235
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Judgment 1333
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants had their pay docked for one day's strike action. The deductions the EPO made covered all elements of pay including allowances. The complainants sacrificed their family allowance from the EPO whereas other officials, who received an analogous allowance from the Dutch government, suffered no similar loss. "Employees whose families do receive the Dutch child allowance are not in the same position in law as those who receive the EPO family allowance, the source of the benefit not being the same. Since the principle of equal treatment applies only where staff members are in the same position in law, there is no breach of it in the present instance."
Keywords:
criteria; deduction; domestic law; elements; equal treatment; family allowance; general principle; right to strike; salary; strike;
Judgment 1324
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant is seeking a change, to which the organisation is opposed, in the designation it originally made upon recruitment of his official home. "It would offend against the principle of equal treatment [for a new] recruit who has strong ties with the country of one of two nationalities [to] get the automatic designation of a place in that country as 'home', while in identical circumstances another employee is refused designation of his home in that country simply because he is seeking review of a determination already made."
Keywords:
amendment to the rules; complainant; equal treatment; home; home leave; nationality; place of origin;
Judgment 1321
76th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has said more than once, a staff member may not rely upon an unlawful act or a benefit granted ex gratia to other staff in support of his own claim."
Keywords:
case law; equal treatment; flaw; practice;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".
Keywords:
contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;
Judgment 1268
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgments 107, consideration 1, and 1071, consideration 3.
Reference(s)
ILOAT Judgment(s): 107, 1071
Keywords:
bias; candidate; case law; competition; equal treatment; internal candidate;
Judgment 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The complainants object to the way of reckoning their premiums under the organization's health insurance scheme in accordance with an amendment to its rules. They allege breach of acquired rights. "The organization has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time."
Keywords:
acquired right; amendment to the rules; budgetary reasons; contributions; equal treatment; health insurance; illness; insurance; social solidarity; written rule;
Judgment 1225
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant seeks the refund of sums withheld from his pay as staff assessment. He submits that the FAO was applying a system of taxation at source without providing any service in return. The Tribunal holds that all that matters is whether the organization's subsequent refusal to refund the amounts withheld from his pay was lawful. "The levy of staff assessment on the complainant was initially lawful and equitable. If for any reason it had not been levied the basic objective of equality between him and other staff in like case would have been defeated."
Keywords:
equal treatment; equity; staff assessment;
Judgment 1224
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The complainant is challenging the Agency's refusal to refund her taxes according to a specific method. She alleges discriminatory treatment inasmuch as officials of the United Nations Organisation and other international organisations have the benefit of that method. "In this particular area there is no common-system method which the Agency is in law obliged to apply. The principle of equal treatment therefore does not necessarily mean equal treatment for the staff of the various international organisations, each of which is autonomous and applies its own rules and regulations to its staff."
Keywords:
coordinated organisations; equal treatment; refund; rule of another organisation; tax;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submits that the decision to offer him an assignment to a lower grade than he wished and without the benefit of an indefinite appointment discriminated against him insofar as four officials appointed to the same post got the higher grade. "But none of the four is in like case. Either they have served longer than he or have different qualifications or have won a competition or have a much better record of performance. He adduces no evidence to show unlawful discrimination, and his plea is dismissed because it is devoid of merit."
Keywords:
assignment; decision; definition; duration of appointment; equal treatment; grade; refusal;
Judgment 1204
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainants object to a decision denying them so-called "out-of-career" promotions. They submit that the original decisions were taken for an unlawful reason of principle and that the organization later confirmed the decisions on quite different grounds. The organization says it merely exercised the discretion inherent in managerial prerogative and did not alter the original reasons but merely added to them. "Although the competent authority has discretion to grant or refuse the promotion of staff who qualify under the material rules, it must abide by the rules, and whatever decisions it takes will be subject to judicial review [...] so as to determine whether they pass muster the rules have to be known to everyone and an organisation may not go beyond the duly published texts and resort to secret provisions that change the thrust of the ones it intended to treat as binding. Before it takes its discretionary decision, it must compare the merits of all staff who qualify under the rules [...] CERN committed two mistakes of law. One was to apply to the complainants rules that had never been published and that it regarded as binding. The other was to defend its position ex post facto by saying that its reasons for rejecting the complainants' claims were connected with their performance, though there is no evidence of any comparative and analytical assessment of the kind that international officials are entitled to."
Keywords:
applicable law; discretion; duty to substantiate decision; equal treatment; judicial review; organisation's duties; patere legem; promotion; publication; refusal;
Judgment 1196
73rd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainants, who belong to the professional and higher categories of staff, contend that the repeal of a provision in the Staff Regulations which insure the stability of their conditions of pay discriminated in favour of local staff. "According to consistent precedent the distinction between international and local staff is a fundamental one inherent in the very nature of an international organisation. It is due to the peculiar circumstances in which such organisations work and it is concurred in, with both its advantages and its drawbacks, by anyone who seeks employment with them, be it in one category of staff or in the other. Each category of staff offers career prospects and conditions of recruitment and pay that differ according to its own requirements, and a staff member may not plead breach of equal treatment if treated differently because he belongs to one category rather than to the other."
Keywords:
appointment; career; case law; equal treatment; general service category; international civil service principles; local status; non-local status; professional category; salary;
Judgment 1189
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The principle of equal treatment applies only where staff in the same position both in law and in fact are shown not to have been treated alike."
Keywords:
equal treatment; general principle; identical facts;
Judgment 1182
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under Articles R IV 2.01 and 2.02 of CERN's Staff Regulations staff members must comply with national tax law. CERN, however, refunds any direct taxation on pay upon receiving proof of payment. The complainant, a Frenchman, met his obligations toward his home country. Owing to a peculiar feature of French tax law, part of the amount he had paid did not appear on the supporting documents which he had submitted to CERN with his claim for refund. The organization's decision must be set aside because it is at odds with the principle "that all the staff of an organisation shall enjoy equal treatment".
Reference(s)
Organization rules reference: ARTICLE R IV 2.01 OF THE CERN STAFF REGULATIONS;
ARTICLE R IV 2.02 OF THE CERN STAFF REGULATIONS
Keywords:
equal treatment; privileges and immunities; refund; staff regulations and rules; tax;
Judgment 1170
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant disputes the method for reckoning the output of a certain category of officials. "The method is not a matter for the Promotion Board; else it would find itself revising ratings in staff reports. In point of fact there is nothing discriminatory about the method. [...] Be that as it may, if the complainant objected to the reckoning of his own output the proper course was for him to challenge his staff report and the ratings it contained. He did not do so."
Keywords:
equal treatment; performance report; promotion; promotion board; rating; work appraisal;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."
Keywords:
candidate; competition; criteria; equal treatment; open competition; organisation's duties;
Judgment 1144
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant, who has objections to his performance report, contends that the EPO's reporting system does not treat all officials on the same basis inasmuch as one group of officials may complete a shortened report and because the system is in breach of Article 6 of the European Convention on Human Rights, which says that everyone shall be entitled to a fair hearing by an independent and impartial tribunal. But the Tribunal considers that "the complainant has not shown that he himself has been adversely affected because staff who belong to another category have [the aforementioned] option." Moreover, "the Convention puts obligations on signatory States, and it is not apparent that it is applicable [...]. At all events, even supposing that the Convention as such was applicable, the Tribunal's answer to the plea would be that the principles underlying Article 6 are fully recognised in the Service Regulations".
Keywords:
enforcement; equal treatment; international instrument; lack of injury; performance report; rating; right to reply;
Judgment 1137
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant did not get promotion at the time he believed he was entitled to. Inasmuch as the organisation promoted other candidates with less seniority than he had, he submits that it discriminated against him. "The plea of discrimination fails. It overlooks the fact that seniority merely qualifies [a candidate] for promotion and confers no right. [...] In choosing between candidates, the Promotion Board and the President are free to take into account [...] any other criteria they think appropriate."
Keywords:
criteria; equal treatment; promotion; seniority;
Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the amount of his termination indemnity. He relies on a practice the organization followed before its staff regulations came into force, on breach of equal treatment and on the rules of other international organisations. For each plea the Tribunal refers to the answers it gave in Judgment 1080.
Reference(s)
ILOAT Judgment(s): 1080
Keywords:
amount; condition; equal treatment; practice; rule of another organisation; terminal entitlements;
Judgment 1121
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Eurocontrol did not apply a restraining measure to rises in the pay of certain officials. bBut the plea of breach of equal treatment fails because the exception was made to safeguard those officials' minimum livelihood.
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
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