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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,709

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  • Judgment 1976


    89th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the complainant, who holds a post in the general service category, requested a job description "in line with current tasks being carried out [...] at the professional level". the tribunal considers that "as regards her request that her current tasks be classified at the professional level, this is not within the competence of the tribunal. the tribunal has no power to direct that a particular job be classified at the professional level."

    Keywords:

    competence of tribunal; general service category; post classification; post description; professional category;



  • Judgment 1975


    89th Session, 2000
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant, a security guard, was dismissed for committing a fault: he had disactivated an alarm button to prevent it from setting off inadvertently and had forgotten to tell his colleagues. "the oversight by the personnel department, which omitted to carry out the statutory medical examination [on cessation of service], does not affect the lawfulness of the impugned decision."

    Keywords:

    decision; disciplinary measure; due process; effect; medical examination; misconduct; negligence; serious misconduct; termination;



  • Judgment 1973


    89th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the tribunal has always held that personal promotion constitutes advancement on merit to reward someone for services of a quality higher than that ordinarily expected of the holder of the post. the granting of personal promotion is a discretionary decision which, as firm precedent has it, is subject to only limited review and will stand unless it shows a fatal flaw. in a case such as the present one, in which the general rules regarding personal promotions have been adopted and communicated to the staff, the appointing authority is bound by these rules and the tribunal will consider any violation of them to be a fatal flaw."

    Keywords:

    breach; case law; discretion; executive head; flaw; judicial review; limits; patere legem; personal promotion; promotion;



  • Judgment 1972


    89th Session, 2000
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    the complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. the staff union committee protested against what it considered to be an invasion of privacy. the complainant did not respect the order to use discretion issued by the director of personnel. the director-general, considering the complainant incapable in his function as director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "as the tribunal held in judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] however, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. clearly, in this case the complainant was bound to view the measure as downgrading him. however, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."

    Reference(s)

    ILOAT Judgment(s): 1018

    Keywords:

    conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;



  • Judgment 1970


    89th Session, 2000
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "a complainant cannot sit back and do nothing when an appeal is lodged. he must pursue the appeal diligently. only then can he claim that delay is unreasonable. in the present case, the complainant failed to exhaust the means of internal appeal because he did not pursue his appeal diligently; therefore, he does not qualify to bring a direct appeal to the tribunal."

    Keywords:

    absence of final decision; complaint; complaint allowed; complaint allowed in part; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability; staff member's duties; time limit;



  • Judgment 1968


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17 and 18

    Extract:

    "in the present case, the president sought, but failed to obtain, the promotion board's approval for his proposal to promote mr c. while the president clearly has a residual discretion not to make promotions which the board recommends, he may only make promotions in accordance with the board's recommendations. since the board declined to recommend mr c. for promotion, his promotion was irregular. ... furthermore, as the appointing authority, it was clearly inappropriate for the president, having urged the promotion board to treat mr c. as a special case, to then disregard the board's refusal to recommend the promotion. the decision cannot stand."

    Keywords:

    advisory opinion; complaint allowed; complaint allowed in part; discretion; exception; executive head; flaw; promotion; promotion board; refusal;

    Consideration 6

    Extract:

    "the ... ground of alleged irreceivability [, that the decision to promote a colleague did not adversely affect the complainant,] is ... untenable. ... [the two staff members] were at the same grade, in the same career stream, and both are entitled to expect that promotions will only be made fairly and objectively, based on merit and in accordance with law."

    Keywords:

    career; cause of action; complaint allowed; complaint allowed in part; decision; equal treatment; organisation's duties; patere legem; promotion; receivability;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is within the competence of the tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the tribunal's jurisdiction. however, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; international civil servant; locus standi; medical examination; offer; offer withdrawn; receivability; status of complainant; tribunal;



  • Judgment 1961


    89th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the tribunal recalls that "in judgment 139 [...] the tribunal made it clear that it did not consider the assignment of the duties of an abolished post to other staff members as an indication that there had been an abuse of authority, provided that the evidence showed that the number of staff members was in fact reduced." it affirms this case law.

    Reference(s)

    ILOAT Judgment(s): 1961

    Keywords:

    abolition of post; case law; condition; evidence; misuse of authority; staff reduction;



  • Judgment 1955


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    according to annex iv, article 27, first paragraph, of the general conditions of employment governing servants at eurocontrol, the divorced wife of a servant or former servant of eurocontrol can only claim a survivor's pension if, at the date of former husband's death, she can justify her entitlement to receive monthly maintenance payments. in the present case, the complainant agreed to a lump-sum payment from her former husband in full and final settlement of his obligation to pay maintenance. therefore, she cannot claim a survivor's pension.

    Reference(s)

    Organization rules reference: ANNEX IV, ARTICLE 27 OF THE EUROCONTROL GENERAL CONDITIONS OF EMPLOYMENT

    Keywords:

    condition; lump-sum; pension; pension entitlements; staff regulations and rules; survivor's benefit;



  • Judgment 1954


    89th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant unsuccessfully applied for a new post. she maintains that the candidate selected for the post had been considered as an internal candidate during the selection process, when in fact she was an external candidate. "the correct interpretation of staff regulation 4.4 is that persons already in the service of the organization have priority only if their qualifications appear to be equal to those of other candidates (see judgment 107). since the complainant was found not to be as well qualified as ms p., she cannot rely on regulation 4.4. "

    Reference(s)

    Organization rules reference: PAHO STAFF REGULATION 4.4
    ILOAT Judgment(s): 107

    Keywords:

    appointment; candidate; competition; internal candidate; priority; selection board; staff regulations and rules;



  • Judgment 1950


    89th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "so long as the complainant retains his residence in germany, no matter how many other residences he may have established, he has not carried out a removal from that residence. a removal is not merely the establishment of a new residence but, and much more importantly, the abandonment of the former residence."

    Keywords:

    condition; removal expenses; residence; separation from service;



  • Judgment 1940


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "insofar as the complainant is seeking to obtain a judgment from the tribunal on the extent of his pension rights, it is clear that the decisions taken by the pension fund lie exclusively within the jurisdiction of the united nations administrative tribunal and cannot be reviewed by this tribunal."

    Keywords:

    competence of tribunal; iloat; pension; unat; unjspf;



  • Judgment 1938


    88th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the complainant worked continuously for the organization for 17 years under various short term contracts - including contractual service agreements - after his fixed-term appointment as a staff member expired. "in practice he is seeking to obtain a revision of the whole of his career from 1976 to 1996. but he himself accepted the contractual conditions offered to him. he did not challenge the decision taken in 1979 not to renew his fixed-term appointment and not to convert it into a permanent appointment. moreover, he offers no legally valid argument to challenge the way he has been treated since 1979. his claims must therefore be dismissed [...]"

    Keywords:

    complainant; contract; duration of appointment; external collaborator; fixed-term; locus standi; project personnel;



  • Judgment 1934


    88th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant was offered an exceptional separation package on the condition that he not appeal his separation and/or its terms and conditions. he accepted the same day. "there is no evidence that these commitments - which the complainant now appears to regret - were tainted by a fraudulent attitude or pressure from the [organisation]. the complainant accepted the terms and conditions of the settlement that he made with the organisation, some of which were very favourable, and he cannot challenge them now."

    Keywords:

    abolition of post; agreed termination; good faith; settlement out of court; terminal entitlements; termination; waiver of right of appeal;



  • Judgment 1929


    88th Session, 2000
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "compulsory transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right of the staff member to be heard before the sanction is ordered, with the option for him to participate in the full processing of the evidence and to make all his pleas. [...] it matters little in this respect whether or not transfer is envisaged among the disciplinary sanctions set out in the staff regulations. what is decisive is whether the transfer appears to be the consequence of the alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions."

    Keywords:

    complaint allowed; complaint allowed in part; disciplinary measure; hidden disciplinary measure; organisation's duties; right to reply; safeguard; staff member's interest; staff regulations and rules; transfer;

    Consideration 9

    Extract:

    the complainant was transferred without prior notice and without an opportunity to be heard. "taken together, the material circumstances give grounds for considering that the impugned transfer partly constituted a hidden disciplinary sanction. [...] the impugned decision must, therefore, be set aside and the procedure resumed from the point at which it was flawed [...]"

    Reference(s)

    Organization rules reference: ARTICLE 10.1 OF THE UPU STAFF REGULATIONS ARTICLE 10.2 OF THE UPU STAFF REGULATIONS ARTICLE 10.3 OF THE UPU STAFF REGULATIONS

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; disciplinary measure; hidden disciplinary measure; organisation's duties; remand; right to reply; staff member's interest; staff regulations and rules; transfer;



  • Judgment 1927


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "in practice, while suspension is indeed an essentially interim measure which maintains the rights of the staff member concerned, as the tribunal recalled in judgment 353 [...], it is nevertheless a decision which causes injury to the person concerned."

    Reference(s)

    ILOAT Judgment(s): 353

    Keywords:

    case law; disciplinary procedure; injury; misconduct; safeguard; staff member's interest; suspension;

    Consideration 5

    Extract:

    "while the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. certain of the complainant's duties were withdrawn, although he continued to receive full pay. in these conditions, the complaint does still show cause for action [...]"

    Keywords:

    cause of action; consequence; decision; injury; material injury; moral injury; receivability; suspension; withdrawal of decision;



  • Judgment 1925


    88th Session, 2000
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "there can be no doubt that theft by an official of an international organisation of goods belonging to that organisation constitutes serious misconduct which may warrant summary dismissal."

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; serious misconduct; staff member's duties; summary dismissal; termination;



  • Judgment 1924


    88th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    the complainant accepted a settlement proposal by the organization within the imposed deadline. however, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. one month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the administrative tribunal."efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. the offer [...] should, accordingly, be implemented."

    Keywords:

    acceptance; complaint allowed; complaint allowed in part; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;



  • Judgment 1917


    88th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8

    Extract:

    the tribunal noted that since 1974 the health insurance contract has always been concluded for periods of one year and has even been amended several times. it does not agree that the complainant has an absolute claim to a specific system of health insurance, therefore, there has been no impairment of an acquired right.

    Keywords:

    acquired right; amendment; insurance; staff member's interest;



  • Judgment 1916


    88th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the complainant argued that the date the contract enters into force is not negotiable - it must be the date the parties actually sign the contract. "the tribunal does not agree with the complainant. a contract is concluded when there is a firm and definitive unity of intentions between the contracting parties; it generally takes the form, particularly where, as in this case, it consists of a contract by correspondence, of an offer made by one party followed by the acceptance of the offer by the other party. [...] but in certain instances, the contract may be held to be concluded, by interpretation of the intentions of the parties, even in the absence of agreement on the subsidiary points."

    Keywords:

    acceptance; date; effective date; general principle; intention of parties; law of contract; offer;

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Last updated: 15.07.2014 ^ top