TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
Total judgments found: 1,647
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Judgment 2751
105th session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The intention with which a statement is made is not necessarily determinative of the question whether a statement that is wholly irrelevant is also one that can serve no proper purpose." The complainant represented three colleagues whose complaints were considered by the Tribunal in Judgment 2514. In its replies the Organisation had stated that, by reason of the time he had spent providing legal assistance to staff members, the complainant's work as an examiner had been less satisfactory than it should have been. "That was defamatory. It was also inconsistent with the duty of the EPO to respect the complainant's dignity. In the context of the other comments that were within the limits of the privilege that attaches to proceedings before the Tribunal, it carried the threat of possible administrative consequences for the complainant's employment. Such a remark can serve no proper purpose. Accordingly, it was not privileged and the complainant is entitled to seek relief with respect to it."
Reference(s)
ILOAT Judgment(s): 2514
Keywords:
breach; compensation; complaint allowed; complaint allowed in part; consequence; counsel; iloat; insurance benefit; intention of parties; organisation; organisation's duties; privileges and immunities; procedure; purpose; request; respect for dignity; right; security of tenure; staff representative;
Considerations 3 and 6
Extract:
"Statements made in legal proceedings are privileged, whether those statements are made in writing in the pleadings or orally in the course of a hearing. The consequence is that, even if defamatory, they cannot be the subject of legal proceedings or sanction. The privilege, sometimes referred to as 'in court privilege', exists, not for the benefit of the parties or their representatives, but because it is necessary for the proper determination of proceedings and the issues that arise in their course. In Judgment 1391 the Tribunal recognised that the privilege attaches to its proceedings, as well as those of internal appeal bodies. [...]
[T]he Tribunal's consideration of the extent of the privilege that attaches to statements made in the course of internal appeal proceedings or proceedings before the Tribunal has concentrated on statements made by staff members. However, the privilege is the same in the case of statements made by or on behalf of defendant organisations, and they must be allowed a similar degree of freedom in what they say and the manner of its expression. Even so, a statement will constitute a perversion of a defendant organisation's right of reply if it is wholly irrelevant and it can only serve an improper purpose."
Reference(s)
ILOAT Judgment(s): 1391
Keywords:
breach; complaint allowed; complaint allowed in part; confidential evidence; consequence; disciplinary measure; formal requirements; freedom of speech; iloat; internal appeals body; international civil servant; judicial review; misuse of authority; oral proceedings; organisation; privileges and immunities; procedure; purpose; reply; respect for dignity; right; same; settlement out of court;
Consideration 4
Extract:
"[A] claim may be made and pursued against an organisation if its conduct in proceedings before an internal appeals body or this Tribunal constitutes an abuse of process or a perversion of the right of reply."
Keywords:
complaint allowed; complaint allowed in part; conduct; iloat; internal appeals body; misuse of authority; organisation; procedural flaw; procedure; reply; right;
Judgment 2750
105th session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"Although [IAEA] Staff Regulation 4.02 provides that no notice is necessary in the case of expiry at the due date of a fixed-term or short-term appointment, the duty of an organisation to act in good faith and to respect the dignity of staff members requires that reasonable notice be given, 'particularly so that they may exercise their right to appeal and take whatever action may be necessary' (see Judgments 2104 and 2531)."
Reference(s)
Organization rules reference: IAEA Staff Regulation 4.02
ILOAT Judgment(s): 2104, 2531
Keywords:
complaint allowed; complaint allowed in part; contract; date; fixed-term; good faith; international civil servant; notice; organisation's duties; respect for dignity; right of appeal; separation from service; short-term; staff regulations and rules;
Judgment 2747
105th session, 2008
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant alleges that the regulations governing the creation of posts - in particular Regulation 2.2 of the Staff Regulations and Article 102.6.15 of the General Regulations of the UPU - have been violated. "[T]he Tribunal notes [...] that the complainant is entitled to rely on all the provisions of the General Regulations and Staff Regulations, including those which primarily concern relations between the Council of Administration and the Director General insofar as a breach of these provisions may affect his personal situation."
Reference(s)
Organization rules reference: Staff Regulation 2.2 and Article 102.6.15 of the General Regulations of the UPU
Keywords:
breach; complaint allowed; complaint allowed in part; consequence; creation of post; executive body; executive head; injury; provision; right; staff regulations and rules; written rule;
Judgment 2745
105th session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"'Constructive dismissal' is a phrase used to signify that an organisation has breached the terms of a staff member's contract in such a way as to indicate that it will no longer be bound by that contract."
Keywords:
breach; condition; contract; definition; implied decision; international civil servant; organisation; termination;
Consideration 19
Extract:
"It was said in Judgment 2524 that, although harassment and mobbing do not require bad faith or prejudice or other malicious intent, 'behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question'. Thus, it was said in Judgment 2370 that conduct that 'had a valid managerial purpose or was the result of honest mistake, or even mere inefficiency' would not constitute harassment. However and as pointed out in Judgment 2524, 'an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken'."
Reference(s)
ILOAT Judgment(s): 2370, 2524
Keywords:
appraisal of facts; bias; condition; conduct; consequence; definition; evidence; good faith; grounds; intention of parties; judgment; material error; mistake of fact; organisation's duties; proportionality; qualifications; respect for dignity;
Judgment 2744
105th session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."
Keywords:
administrative delay; complaint allowed; complaint allowed in part; damages; date; delay; internal appeal; internal appeals body; moral injury; period; procedure; publication; report; right;
Judgment 2742
105th session, 2008
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
"It was said in Judgment 2510 that 'an international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff'. The word 'necessarily' in that statement indicates that that power will be implied even if it is not expressly conferred by the relevant regulations. However, that power cannot be implied if it is contrary to the regulations."
Reference(s)
ILOAT Judgment(s): 2510
Keywords:
abolition of post; breach; complaint allowed; complaint allowed in part; creation of post; discretion; interpretation; organisation; reorganisation; written rule;
Consideration 37
Extract:
"There is no inevitable inconsistency between 'strengthening' a service and restructuring it. However, there is an inconsistency when restructuring involves the abolition of what is intended to be strengthened."
Keywords:
complaint allowed; complaint allowed in part; consequence; discontinuance; reorganisation;
Consideration 41
Extract:
The complainant contests the decision to reassign her to the post of Chief of the Internal Audit Service (IAS) and asks to be reinstated in her former post. "Although the decision to reassign the complainant to the post of Chief of IAS was taken without authority, it does not follow that she should be reinstated in her former post. That post was lawfully abolished [...]. However, she is entitled to substantial damages notwithstanding that her reassignment was to a post at the same grade."
Keywords:
abolition of post; complaint allowed; complaint allowed in part; consequence; damages; decision; grade; post; procedural flaw; reassignment; reinstatement; request; same;
Judgment 2732
105th session, 2008
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the decision [to terminate the complainant's appointment during her probationary period] must be set aside, in view of the circumstances it is not clear that, even if she had been given a proper warning and an opportunity to improve, her appointment would have been confirmed. However, as a result of the Organization's actions she lost a valuable opportunity to improve and demonstrate her suitability for the position and to have her contract considered in that light. The loss of that opportunity warrants an award of material damages in the amount of 15,000 euros."
Keywords:
complaint allowed; complaint allowed in part; contract; damages; decision; decision quashed; duty to inform; good faith; injury; non-renewal; organisation's duties; probation;
Consideration 7
Extract:
"The Tribunal rejects the complainant's assertion that the Staff Regulations and Staff Rules did not form part of her contract. The complainant's contract stipulated: '[y]our terms of employment, benefits and obligations will be those stated in [the] letter [of appointment], in the Staff Regulations and Staff Rules [...]'. Thus, it is clear that the Staff Regulations and Staff Rules were specifically incorporated by reference into her contract. As to her claim that she did not have access to the Staff Regulations and Staff Rules, the complainant could have requested a copy thereof before signing the contract but did not do so."
Keywords:
complaint allowed; complaint allowed in part; contract; request; social benefit; staff member's duties; staff regulations and rules; terms of appointment;
Considerations 16 and 17
Extract:
"Staff Regulation 9.2(c) states that the Director General may at any time terminate an appointment of a staff member serving a probationary period if, in his opinion, it would be in the interest of the Organization. This provision, however, does not displace the well-established principle that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgments 1212 and 2529). As well, a probationer is entitled to a timely warning so that measures can be taken to remedy the situation (see Judgment 2414).
In the present case, given the nature of the complainant's functions, a period of seven days to demonstrate improvement was clearly inadequate. Accordingly, the decision to terminate her contract must be set aside."
Reference(s)
Organization rules reference: IOM Staff Regulation 9.2(c)
ILOAT Judgment(s): 1212, 2414, 2529
Keywords:
complaint allowed; complaint allowed in part; decision; decision quashed; executive head; notice; organisation's duties; organisation's interest; probation; right; separation from service; staff regulations and rules; termination; unsatisfactory service;
Judgment 2730
105th session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[A]nyone filing a complaint with the Tribunal must state in his brief the facts of the case and the pleas raised against the impugned decision (Article 6, paragraph 1(b) of the Rules of the Tribunal). He should do so by putting forward arguments that can reasonably be considered to support his case. At all events, the immunity that the complainant enjoys in respect of his litigation does not exempt him from the duty to refrain from violating the respect that any litigant owes to the opposing parties. The Tribunal does not have to tolerate the initiation of proceedings before it that are manifestly frivolous, wrongful or vexatious."
Reference(s)
ILOAT reference: Article 6, paragraph 1(b) of the Rules of the Tribunal
Keywords:
complainant; complaint; decision; grounds; iloat statute; limits; privileges and immunities; procedure; staff member's duties; vexatious complaint;
Judgment 2729
105th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."
Keywords:
contract; decision; good faith; grounds; legitimate expectation; non-renewal; offer; organisation's duties; period; post; refusal;
Judgment 2728
105th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant submits that the Director-General's decision not to extend his appointment is unlawful. "There is no material to support a finding of bias or other abuse of discretion. Certainly, none is to be discerned from the fact that the complainant's former post has not yet been opened to competition."
Keywords:
bias; competition; contract; decision; discretion; evidence; executive head; lack of evidence; misuse of authority; non-renewal;
Judgment 2724
105th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Reports Board, which is set up by the Director-General and establishes its own procedure, in accordance with the provisions of Article 10.3 of the Staff Regulations, cannot be regarded as either an internal appeals body or a judicial body. Where an official has had the opportunity to state his or her point of view before the Board and to comment on the relevant supervisors' assessments of his or her performance and conduct, the adversarial principle can reasonably be deemed to have been observed."
Reference(s)
Organization rules reference: Article 10.3 of the Staff Regulations of the ILO
Keywords:
adversarial proceedings; advisory body; conduct; internal appeals body; organisation's duties; procedure; right to reply; staff regulations and rules; supervisor; work appraisal;
Judgment 2721
105th session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal again emphasises that it is essential that both salaries and pensions be paid punctually and in full, if only on account of the precise commitments which beneficiaries may have to honour on a daily basis (see Judgment 2381, under 3)."
Reference(s)
ILOAT Judgment(s): 2381
Keywords:
application for execution; complaint allowed; complaint allowed in part; organisation's duties; payment; pension; salary;
Judgment 2720
105th session, 2008
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant alleges that the ITU, in its letter to the journalist, made "scandalous" attacks on the Tribunal. "The Tribunal will not respond to the arguments presented in the complaint regarding prejudice that it allegedly suffered itself as a result of the circulation of the disputed message. The issue raised in this regard, which has no direct bearing on the dispute between the complainant and the ITU regarding compliance with obligations arising from their contractual relationship, falls outside the Tribunal's jurisdiction, as restrictively defined in Article II of its Statute. Furthermore, the Tribunal could not rule on such arguments without breaching its duty of impartiality."
Reference(s)
ILOAT reference: Article II of the Statute of the Tribunal
Keywords:
competence of tribunal; complaint allowed; complaint allowed in part; iloat statute; injury; lack of injury; organisation's duties; staff member's duties; vested competence;
Judgment 2719
105th session, 2008
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Standing alone, the punishment of summary dismissal, as distinct from dismissal, might be thought to be disproportionate to the misconduct of which the complainant was guilty. However, he was twice warned in writing in 1998 to improve his poor attendance record. In the same year, he was informed that the complaints received 'with regard to [...] alleged financial manipulations, fraudulent activities, police and court cases' were causing embarrassment to the Organization and he was cautioned to 'extricate [him]self from these situations'. In 2002, he was found guilty of misconduct in relation to banking transactions and issued with a written reprimand. In the light of these matters, the punishment of summary dismissal cannot be regarded as disproportionate."
Keywords:
censure; conduct; disciplinary measure; proportionality; serious misconduct; summary dismissal; warning;
Judgment 2715
104th session, 2008
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he complaint incorrectly states that it seeks the setting aside of the 'Organization's decision of 5 July 2004' to end the complainant's employment contract, whereas the Secretary General's decision to that effect is in fact dated 10 August 2004, and 5 July 2004 is the date of the Administration Committee's opinion, which is not challengeable. However, the complainant's intention, which must be ascertained without taking into account this purely factual error, was plainly to challenge the Secretary General's decision of 10 August 2004."
Keywords:
application for quashing; complainant; complaint allowed; complaint allowed in part; date; decision; executive head; internal appeals body; interpretation; material error; purpose; report; termination;
Consideration 13
Extract:
The Secretary General of the Organization decided to follow the Appeals Board's recommendations and thus to award the complainant compensation. By a letter of 2 October 2006 he notified the complainant that he nevertheless intended to make payment of the compensation subject to an undertaking from the complainant that he would renounce the exercise of all means of appeal against the WCO. "[T]he Tribunal draws attention to the fact that the Secretary General's letter of 2 October 2006 contained an unlawful clause which should definitely be censured, in that its purpose was to make the actual payment of the sum in question subject to an undertaking from the complainant that he would renounce all means of appeals.
An international organisation commits a serious breach of the general principles of law by violating, through such conduct, international civil servants' right of appeal, especially to the Tribunal."
Keywords:
acceptance; allowance; breach; complainant; complaint allowed; complaint allowed in part; condition; executive head; flaw; general principle; iloat; internal appeals body; international civil servant; payment; provision; recommendation; right of appeal; waiver of right of appeal;
Judgment 2712
104th session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.
Keywords:
appointment; candidate; competition; competition cancelled; complaint allowed; complaint allowed in part; criteria; decision quashed; flaw; post; professional experience; refusal; vacancy notice;
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; complaint allowed; complaint allowed in part; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; same; vacancy notice;
Judgment 2708
104th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
The complainant's last two contracts should therefore be converted into a fixed-term contract."
Reference(s)
Organization rules reference: ILO Circular No. 630
Keywords:
administrative instruction; amendment; breach; claim; complaint allowed; complaint allowed in part; condition; consequence; contract; duration of appointment; extension; external collaborator; fixed-term; limits; period; project personnel; provision; same; separation from service; short-term; written rule;
Judgment 2706
104th session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who was sexually harassed by her supervisor, wants the Tribunal to order that she be promoted. "[T]he Organization is of course right in saying that the compensation for her injuries should not take the form of being granted a higher grade. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her."
Keywords:
allowance; compensation; complaint allowed; complaint allowed in part; definition; difference; harassment; injury; organisation; organisation's duties; post classification; promotion; qualifications; request; respect for dignity; sex discrimination; supervisor;
Consideration 3
Extract:
The complainant having reported that she had been sexually harassed by her supervisor, the latter was verbally reprimanded. The Organization asserts that the complainant has failed to discharge the burden of proof with respect to her allegations of harassment. "[I]n imposing a disciplinary sanction on the complainant's supervisor on account of these acts of sexual harassment, the Organization necessarily acknowledged that they had occurred. Consequently, it cannot now dispute the merits of the complainant's accusations in this respect without completely contradicting itself and casting major doubts on whether its own decisions regarding its staff are taken in a responsible manner in such a sensitive area as that of discipline."
Keywords:
burden of proof; complaint allowed; complaint allowed in part; decision; disciplinary measure; harassment; lack of evidence; organisation's duties; reprimand; respect for dignity; sex discrimination; supervisor;
Consideration 5
Extract:
"[A]s the Tribunal held in Judgment 2524, an international organisation has a duty to provide a safe and adequate environment for its staff."
Reference(s)
ILOAT Judgment(s): 2524
Keywords:
complaint allowed; complaint allowed in part; international civil servant; organisation's duties; working conditions;
Judgment 2702
104th session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice."
Keywords:
burden of proof; no provision; organisation's duties; practice; same; staff member's duties;
Judgment 2700
104th session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."
Keywords:
advisory body; claim; complainant; complaint allowed; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal; organisation's duties; recommendation; refusal; right;
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